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01-24-05 CCITEM 4.1 Otseao C From: "Tami" <cityhall @ci.otsego.mn.us> To: "mike" <mike @ci.otsego.mn.us> Cc: "Judy" <judy @ci.otsego.mn.us> Sent: Thursday, January 13, 2005 5:15 PM Attach: header.htm; image001.png; image002.png Subject: Fw: City Council Meeting Request letter /Conformation - - -- Original Message - -- From: Tracy To: ckty" @ci_otsego_mn. us Sent: Thursday, January 13, 2005 3:49 PM Subject: City Council Meeting Request letter /Conformation Only January 13, 2005 Mike Robertson City Administrator Mayor and City Council 8899 Nashua Ave NE Otsego, MN 55330 As you are aware, ACE Solid Waste is committed to the support of local parks by making direct cash contributions to your city based on our new customer growth. Checks are sent monthly depending on our growth during the past month. To celebrate and recognize the program we have asked all participating cities to give us a few minutes at their City council meeting once per year. '' We would appreciate the opportunity to make a formal presentation of a $425.00 "BIG" check that represents our contributions to your City during the past year. The January 24 2005 City Council meeting would work best for our schedule. Thank you in advance for your consideration and we look forward to seeing you on the 24 Sincerely, Tracy McCown ACE Solid Waste 1/18/05 ITEM 5 -1 CLAIMS LIST CITY COUNCIL MEETING JANUARY 24, 2005 1 TO: Judy Hudson ' � I Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 01 -10 -2005 ' $ 22.22 01 -05 -2005 $ 2,872.09 Payroll 01 -19 -2005 $ 26,869.46 01 -19 -2005 $ 59,976.53 01 -20 -2005 $ 1,220.42 GRAND TOTAL S 90,960.72 'I 1 I If you have any questions or if y ou would like to review this list further, please let me know. Kathy Grover I Bookkeeper '1 CITY OF OTSEGO 01/10/05 8:44 AM Page 1 *Check Summary Register@ JANUARY 2005 Name Check Date Check Amt 10100 BANK OF ELK RIVER ;Ii UnPaid STRATEGIC EQUIPMENT $22.22 cod shipment coffee filters Total Checks $22.22 FILTER: None CITY OF OTSEGO *Check Detail Register© i JANUARY 2005 k Amt Invoice 10100 BANK OF ELK RIVER STRATEGIC EQUIPMENT E101-41400-203 Supplies -General $22.22 Total STRATEGIC EQUIPMENT $22.22 10100 BANK OF ELK RIVER $22.22 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $22.22 $22.22 cod shipment coffee filters 1 01 /10/05 8:45 AM Page 1 CITY OF OTSEGO 01/12/051:51 PM Page 1 *Check Summary Register0 JANUARY 2005 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ICMA RETIREMENT TRUST $422.31 PPE 1/1 CK DTD 1/5/2005 UnPaid PUBLIC EMPLOYEES RETIREME $2,449.78 PPE 1/1 CK DTD 1/5/05 Total Checks $2,872.09 FILTER: None i CITY OF OTSEGO *Check Detail Register© JANUARY 2005 EMPLOYEES E 250 - 42410 -121 PERA G 101 -21704 PERA E 101 - 43100 -121 PERA E 101- 41.400 -121 PERA E 101 -41550 -121 PERA E 101 - 41600 -121 PERA Total PUBLIC EMPLOYEES RETIREMENT FD 10100 BANK OF ELK RIVER Fund Summary 101 GENERAL FUND 250 BUILDING PERMIT-FEES $455.28 $1,175.33 $324.41 $233.63 $190.79 $70.34 $2,449.78 $2,872.09 10100 BANK OF ELK RIVER $2,416.81 $455.2 $2,872.09 01/12/05 1:52 PM Page 1 PPE 1/1 CK DTD 1/5/05 i PPE 1/1 CK DTD 115105 PPE 1/1 CK DTD 1/5105 PPE 1/1 CK DTD 1/5/05 PPE 1/1 CK DTD 115/05 PPE 1/1 CK DTD 1/5/05 I G101-21705 Other Retirement $230.00 PPE 1/1 CK DTD 1/5/2005 E 101 - 41400 -121 PERA $192.31 PPE 1/1 CK DTD 1/5/2005 Total ICMA RETIREMENT TRUST $422.31 CITY OF OTSEGO 01/19/05 11:05 AM Page 1 *Check Summary Register.@ JANUARY 2005 FILTER: None Name Check Date Check Amt 10100 BANK OF ELK RIVER A Unpaid AIRGAS, INC. $127.69 OPERATING SUPPLIES UnPaid ARROW TERMINAL LLC $191.51 MISC SUPPLIES UnPaid BLUE CROSS BLUE SHIELD OF $9,277.00 ADMIN -FEB UnPaid BOISE CASCADE OFFICE PROD $459.97 BLDG DEPT OFFICE SUPPLIES UnPaid BOYER TRUCKS $84.67 PATS UnPaid EARL F ANDERSON INC $3,905.92 ARBOR PLACE STREET SIGNS UnPaid ECM PUBLISHERS INC $421.30 LEGAL UnPaid ELK RIVER FLORAL $36.95 SANDY - FLOWERS Unpaid EMPLOYER PLAN SERVICES IN $814.31 ADMIN - DENTAL -FEB UnPaid FORCE AMERICA $92.27 CYLINDER REPACKING KIT UnPaid G & K TEXTILE LEASING SYSTE $448.50 UNIFORMS UnPaid GOPHER STATE ONE -CALL INC $266.80 LOCATE TICKETS UnPaid GROEN GARY CPA $475.00 DEC 18 - DEC 31 04 UnPaid HALLMAN OIL COMPANY $920.96 DIESEL UnPaid 194 WEST CHAMBER OF COMM $45.00 t STATE OF CITIES UnPaid ICMA RETIREMENT TRUST $422.31 PP, 1/15 CK DTD 1/19/05 UnPaid IIMC $100.00 JUDY - RENEWAL UnPaid JERRY OLSON $1,260.00 113 TO 1/13/05 36 HRS UnPaid MAAO $180.00 PETE- MARCH 7 -8 ST CLOUD UnPaid MARK THORSTED $37.28 REIMBURSEMENT SANTA DAY UnPaid MARTIN BENEFIT ADMINISTRAT $102.00 MONTHLY FEE 'nPaid MINNEGASCO $96.46 PEAVEY HOUSE iPaid MINNESOTA LIFE $160.40 ADMIN- LIFE UnPaid MONTICELLO ANIMAL CONTROL $270.00 ANIMAL PICK UPS DEC UnPaid NORTHWEST ASSOC CONSULT $12,340.57 WATERFRONT HOTEL UnPaid NOVA COMMUNICATIONS $75.00 PHONE WORK UnPaid PEOPLE SERVICE INC. $20,599.00 MONTHLY SERVICES UnPaid PLAISTED COMPANIES $725.09 SALT & SAND Unpaid PUBLIC EMPLOYEES RETIREME $2,365.18 PRE 1/15 CK DTD 1/19/05 UnPaid TOSHIBA AMERICA INFO SYS IN $211.83 TOSHIBA COPIER UnPaid TROPHIES PLUS $8.16 NAME PLATE Unpaid WILFRED & NANCY DUERR $2,500.00 8997 NABER LNDSCP ESCROW UnPaid WRIGHT COUNTY AUDITOR -TRE $1.65 ST DEED TAX MEADOWLANDS Unpaid WRIGHT COUNTY RECORDER $39.00 COP MICHAEL PASHKE UnPaid XCEL ENERGY $115.60 RIVERPOINT ST LIGHTS UnPaid XEROX CORPORATION $799.15 XEROX COPIER Total Checks $59,976.53 FILTER: None CITY OF OTSEGO *Check Detail Registe r© JANUARY 2005 nt 1.0100 BANK OF ELK RIVER AIRGAS, INC. E101-43100-210 Operating Supplies (GENERAL) $21.73 105217641 OPERATING SUPPLIES E 101 -43100 -210 Operating Supplies (GENERAL) $105.96 105240091 OPERATING SUPPLIES Total AIRGAS, INC. $127.69 ARROW TERMINAL LLC I E101-43100-210 Operating Supplies (GENERAL) $191.51 29161 MISC SUPPLIES Total ARROW TERMINAL LLC $191.51 1 01/19/05 11:05 AM Page 1 Unpaid BLUE CROSS BLUE SHIELD OF MN I E 250 - 42410 -123 Health $5,109.00 BLDG -FEB E 101- 41400 -123 Health $2,170.00 ADMIN -FEB E 101- 43100 -123 Health $1,327.00 PW -FEB E 101- 41600 -123 Health $671.00 FINANCE -FEB Total BLUE CROSS BLUE SHIELD OF MN $9,277.00 1 OFFICE PRODUCTS E 101 -41400 -201 Office Supplies $35.72 217171 OFFICE SUPPLIES E101-41600-201 Office Supplies $1174 217171 FINA OFFICE SUPPLIES E101-43100-203 Supplies- General $118.94 266006 PW - SUPPLIES E101-41400-201 Office Supplies $7.01 266006 OFFICE SUPPLIES E 250 - 42410 -201 Office Supplies $284.56 266008 BLDG DEPT OFFICE SUPPLIES Total BOISE CASCADE OFFICE PRODUCTS $459.97 ELK RIVER FLORAL i E 101- 41400 -310 Miscellaneous $36.95 31044 SANDY - FLOWERS Total ELK RIVER FLORAL $36.95 1 E 101- 43100 -123 -- --- - - - -- -- -- --- --- - -- Health - -- - - -- $159.89 IPW - DENTAL -FEB i Unpaid BOYER TRUCKS jADMIN - DENTAL -FEB E 101- 41600 -123 F E 101 - 43100 -210 Operating Supplies (GENERAL) $25.54 34105R PARTS E101-43100-210 Operating Supplies (GENERAL) $59.13 34106R PARTS Total BOYER TRUCKS $84.67 Unpaid EARL F ANDERSON INC SUNRAY R 101 -34301 Street, Sidewalk and Curb Fees $3,506.30 64065 FARMS ST SIGNS R 101 -34301 Street, Sidewalk and Curb Fees $399.62 64067 ARBOR PLACE STREET SIGNS Total EARL F ANDERSON INC $3,905.92 Unpaid ECM PUBLISHERS INC E 101 -41400 -350 Print/Binding (GENERAL) $135.30 182321 ORDINANCE E 101- 41400 -350 Print/Binding (GENERAL) $171.60 182322 LEGAL E 101 -45250 -350 Print/Binding (GENERAL) $114.40 182413 (PARK & REC Total ECM PUBLISHERS INC $421.30 ELK RIVER FLORAL i E 101- 41400 -310 Miscellaneous $36.95 31044 SANDY - FLOWERS Total ELK RIVER FLORAL $36.95 1 E 101- 43100 -123 -- --- - - - -- -- -- --- --- - -- Health - -- - - -- $159.89 IPW - DENTAL -FEB E 101 -41400 -123 Health $223.64 jADMIN - DENTAL -FEB E 101- 41600 -123 Health $38.09 FINANCE- DENTAL -FEB E250-42410-1123 Health $392.69 BLDG - DENTAL -FEB Total EMPLOYER PLAN SERVICES INC $814.31 npaid FORCE AMERICA E101-43100-220 Repair /Maint Supply (GENERAL) $92.27 1218869 `CYLINDER REPACKING KIT Total FORCE AMERICA $92.27 ING SYSTEM E 101 -41940 -390 Contracted Services $72.65 43639356 MATS E 101 -43100 -225 Uniforms $111.63 43639357 UNIFORMS CITY OF OTSEGO *Check Detail Regist er© 01/19/05 11:05 AM Page 2 JANUARY 2005 Check Amt Invoice Cornmen E 101 - 43100 -225 Uniforms $51.09 43644274 UNIFC E 101 - 41940 -390 Contracted Services $72.65 43649220 MATS E 101- 43100 -225 Uniforms $82.74 43649221 UNIFC E 101 - 43100 -225 Uniforms $57.74 43654080 UNIFC Total G & K TEXTILE LEASING SYSTEM $448.50 1 PW -LIFE i GOPHER STATE ONE -CALL INC E 250 - 4241.0 -310 Miscellaneous $266.80 4120656 LOCATE TICKETS Total GOPHER STATE ONE -CALL INC $266.80 Unpaid GROEN GARY CPA E 101- 41600 -390 Contracted Services $475.00 DEC 18 - DEC 31 04 Total GROEN GARY CPA $475.00 E101-43100-202 Gas & Oil $920.96 10868 bIESEL Total HALLMAN OIL COMPANY $920.96 Unpaid 194 WEST CHAMBER OF COMMERCE k E 101 -41400 -360 Education/fraining /Conferenoes $15.00 ,STATE OF CITIES 555001208704 HOUSE E 101 - 41100 - 360 Education/Training /Conferences $30.00 STATE OF CITIES Total 194 WEST CHAMBER OF COMMERCE $45.00 $96.46 lnpaid ICMA RETIREMENT TRUST MINNESOTA LIFE �. E 101 -41400 -121 PERA $192.31 IPPE 1/15 CK DTD 1/19/05 1 PW -LIFE G101-21705 Other Retirement $230.00 iPPE 1/15 CK DTD 1/19/05 ADMIN- LIFE Total ICMA RETIREMENT TRUST $422.31 1 Unpaid IIMC Employer Paid Ins (GENERAL) $4.10 FINANCE - LIFE E101-41400-355 Dues & Memberships $100.00 14896 L UDY - RENEWAL Total IIMC $100.00 E 250 - 42410 -390 Contracted Services $1,260.00 [1/3 TO 1/13/05 36 HRS Total JERRY OLSON $1,260.00 Unpaid MAAO E 101 -41550 -360 Education/Training /Conferences $180.00 PETE- MARCH 7 -8 ST CLOUD Total MAAO $180.00 1 Unpaid MARK THORSTED E E 101 -45250 -440 Recreation Programming $37.28 REIMBURSEMENT SANTA DAY Total MARK THORSTED $37.28 Unpaid MARTIN BENEFIT ADMINISTRATORS E 101- 41400 -390 Contracted Services $102.00 4143 MONTHLY FEE Total MARTIN BENEFIT ADMINISTRATORS $102.00 Unpaid MONTICELLO ANIMAL CONTROL E E 101 - 41950 -322 Utilities $96.46 555001208704 HOUSE Total MINNEGASCO $96.46 npaid MINNESOTA LIFE �. E101-43100-130 Employer Paid Ins (GENERAL) $105.70 1 PW -LIFE E101-41400-130 Employer Paid Ins (GENERAL) $22.10 ADMIN- LIFE E250-42410-130 Employer Paid Ins (GENERAL) $28.50 BLDG - LIFE E 101- 41600 -130 Employer Paid Ins (GENERAL) $4.10 FINANCE - LIFE Total MINNESOTA LIFE $160.40 Unpaid MONTICELLO ANIMAL CONTROL E CITY OF OTSEGO 01/19/0511:05 AM Page 3 *Check Detail Registelr© I JANUARY 2005 Check Amt Invoice Comment E10142710-390 Contracted Services $270.00 504 ANIMAL PICK UPS DEC Total MONTICELLO ANIMAL CONTROL $270.00 ,..... G 701 -22425 RWN L 3 BLK 1 PUD AMEND G 701 -22402 WATERFRONT 4 HEMPEL G 701 -22415 NORIN'S LANDING G 701 -22392 MISSISSIPPI COVE G 701 -22328 WATERFRONT EAST G 701 -22421 CUP MAR FARM POOL G 701 -22389 TMOBILE CUP G 701 -22424 Hamlet Prop G 701 -22394 DUERR PROP G 701 -22422 ROTTLUND HOMES G 701 -22426 FIN PLAT ARBOR CRK 3 G 701 -22411 HOLIDAY GAS - PUD G 701 -22403 BOB CEDERBERG ESTATE E 101 -41570 -303 Planning Fees G 701 -22346 HOTEL/WATERPARK E 101-41570-303 Planning Fees E 101 - 41570 -303 Planning Fees E 101 -41570 -303 Planning Fees E 101 - 41570 -303 Planning Fees E 250 - 42410 -310 Miscellaneous E 101 -41570 -303 Planning Fees E 101- 41570 -303 Planning Fees E 101 - 41570 -303 Planning Fees Total NORTHWEST ASSOC CONSULTANTS Unpaid NOVA COMMUNICATIONS 1, E 250 - 42410 -570 Office Equip and Furnishings $75.00 5389 ( PHONE WORK Total NOVA COMMUNICATIONS $75.00 Unpaid PEOPLE SERVICE INC. 1 E 602 - 49450 -390 Contracted Services $15,187.64 8836 MONTHLY SERVICES E 601 -49400 -390 Contracted Services $5,411.36 8836 MONTHLY SERVICES Total PEOPLE SERVICE INC. $20,599.00 Unpaid PLAISTED COMPANIES E 101- 43100 -372 Salt & Sand Total PLAISTED COMPANIES $725.09 6115 SALT & SAND $725.09 PUBLIC EMPLOYEES E 101- 41.600 -121 PERA E 250 -42410 -121 PERA G 101 -21704 PERA E 101 - 41400 -121 PERA E 101 -43100 -121 PERA Total PUBLIC EMPLOYEES RETIREMENT FD I TOSHIBA AMERICA IP E101-41400-413 Office Equipment Rental Total TOSHIBA AMERICA INFO SYS INC i TROPHIES PLUS E 101 - 41400 -310 Miscellaneous $8.16 Total TROPHIES PLUS $8.16 RETIREMENT FD $132.49 $413.94 $1,134.76 $265.85 $418.14 $2,365.18 HEMPLE NORINS LANDING MISSISSIPPI COVE WATERFRONT EAST A _MARTIN FARMS POOL T- MOBILE HAMLET DUERR ROTTLUND ARBOR CRK 3 HOLIDAY GAS CEDERBERG COMP PLAN COPIES WATERFRONT HOTEL PUBLIC WORKS SITE COMP PLAN GENERAL SWIMMING POOLS CODE ENFORCEMENT MEETINGS SIGN PERMITS ZONING ORDIN PPE 1/15 CK DTD 1/19/05 PPE 1/15 CK DTD 1/19/05 PPE 1/15 CK DTD 1/19/05 PPE 1/15 CK DTD 1/19/05 IPPE 1/15 CK DTD 1/19/05 $211.83 40979598 - ( TOSHIBA COPIER $211.83 $60.78 10465 $283.00 10465 $292.00 10465 $316.13 10465 $855.50 10465 $596.12 10465 $208.05 10465 $34.00 10465 $47.50 10465 $535.21 10465 $492.50 10465 $474.28 10465 $1,120.20 10465 $1,197.00 14065 $68.00 14065 $144.47 14066 $325.00 14066 $1,326.19 14066 $81.00 14066 $2,208.64 14067 $1,400.00 14068 $75.00 14069 $200.00 14070 $12,340.57 RWN LOT 3 BLK 1 PLATE Unpaid WILFRED & NANCY DUERR M CITY OF OTSEGO 01/19/0511:05 AM Page 4 *Check Detail Register© i JANUARY 2005 Un E 101 - 43160 -322 Utilities $115.60 Total XCEL ENERGY $115.60 POINT ST LIGHTS E 101 - 41400 -413 Office Equipment Rental $799.15 7160023 Total XEROX CORPORATION $799 15 10100 BANK OF ELK RIVER $59,976.53 Fund Summary 01 GENERAL FUND _50 BUILDING PERMIT FEES 601 WATER FUND 602 SEWER FUND 701 DEVELOPMENT ESCROWS FUND 702 BUILDERS ESCROW FUND 10100 BANK OF ELK RIVER $21,455.13 $10,039.13 $5,411.36 $15,187.64 $5,383.27 $2,500.00 XEROX COPIER I $59,976.53 Check Amt Invoice Comment E 702 -41400 -310 Miscellaneous $2,500.00 8997 NABER LNDSCP ESCROW Total WILFRED & NANCY DUERR $2,500.00 Unpaid WRIGHT COUNTY AUDITOR - TREASURE E 101 -41400 -340 Recording Fees $1.65 ST DEED TAX MEADOWLANDS Total WRIGHT COUNTY AUDITOR - TREASURE $1.65 Unpaid WRIGHT COUNTY RECORDER t_ E 101 -41400 -340 Recording Fees $19.50 DEED RECORDED FRAUGHT E 101 -41400 -340 Recording Fees $19.50 1 CUP MICHAEL PASHKE Total WRIGHT COUNTY RECORDER $39.00 Un E 101 - 43160 -322 Utilities $115.60 Total XCEL ENERGY $115.60 POINT ST LIGHTS E 101 - 41400 -413 Office Equipment Rental $799.15 7160023 Total XEROX CORPORATION $799 15 10100 BANK OF ELK RIVER $59,976.53 Fund Summary 01 GENERAL FUND _50 BUILDING PERMIT FEES 601 WATER FUND 602 SEWER FUND 701 DEVELOPMENT ESCROWS FUND 702 BUILDERS ESCROW FUND 10100 BANK OF ELK RIVER $21,455.13 $10,039.13 $5,411.36 $15,187.64 $5,383.27 $2,500.00 XEROX COPIER I $59,976.53 CITY OF OTSEGO 01/20/05 8:57AM Page 1 *Check Summary Register@ k JANUARY 2005 Name Chec Dat Check Amt 10100 BANK OF ELK RIVER UnPaid KURT NEIDERMEIER $1,220.42 FUR NITURE- WESTWWTP Total Checks $1,220.42 FILTER: None i CITY OF OTSEGO j *Check Detail Register© JANUARY 2005 Check Amt I Commer 10100 BANK OF ELK RIVER 01 /20/05 8:58 AM Page 1 Unpaid KURT NEIDERMEIER E430-43256-530 Improvements Other Than Bldgs $1,220.42 FURNITURE- WESTWWTP Total KURT NEIDERMEIER $1,220.42 10100 BANK OF ELK RIVER $1,220.42 Fund Summary 10100 BANK OF ELK RIVER i 430 West Trtmnt Plant -Phase 1 $ 1,220.42 $1,220.42 ITEM 7 -1 Ni O, R T H W E, S T° A., $,4 01 C t A, T E; D C, O N! S, tJ L, 1R A. N T S, li K C� ., 4800 Olson Memorial Highway, Suite 2k02, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.23 2561 planners @nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Laurie Shives /Dan Licht DATE: 13 January 2005 RE: Otsego — Otsego Preserve 3 Addition; Final Plat FILE: 176.02 — 05.01 BACKGROUND Otsego West, LLC has submitted application for a final plat for Otsego Preserve 3rd Addition consisting of 39 single family lots. This final plat is the last part of the Otsego Preserve three - phase, 144 lot preliminary plat approved on September 8, 2003. The subject site is guided by the Comprehensive Plan for low density residential use and is zoned R -4, Residential Urban Single Family, which allows for single family uses. Exhibits: A. Site Location Map B. Preliminary Plat C. Final Plat ANALYSIS Preliminary Plat Consistency. The proposed final plat �!s the same number of lots and same design as the approved preliminary plat. All lots have an area of 12,000 square feet or more and minimum width of 75 feet. Is Park and Trail Dedication. There is a 7.17 acre parcel that was dedicated as public park land with the first phase final plat. This parcel satisfied park and trail dedication requirements for the subdivision as a whole. 1 Grading and Drainage. Final grading, drainage and erosion control plans and subject to the review and approval of the City Engineer. I Utilities. The utility plan is subject to the review and approval of the City Engineer. Sewer Capacity. As of this date, the City has 13 RECs remaining to be allocated for residential uses within the west sewer district. Although the proposed final plat exceeds available capacity by 26 RECs, we believe that necessary capacity will be made available as the number of lots within Arbor Creek 3` Addition is expected to be reduced by as many as 34 lots to meet a feedlot setback requirement. Development Contract. The applicant is required to enter into a development agreement with the City and pay all applicable fees and securities upon approval of a final plat. The development contract is subject to review and approval of the City Attorney. RECOMMENDATION The proposed Otsego Preserves Third Addition Final Plat is consistent with the approved preliminary plat as well as the Zoning and Subdivision Ordinances. Our office recommends approval of the requested final plat, subject Ito the conditions below. POSSIBLE ACTIONS A. Motion to approve the Otsego Preserve Third Addition Final Plat, subject to the following conditions: 1. All grading, utilities and easements are subject to the review and approval of the City Engineer. 2. The applicant shall enter into a development contract with the City and post all required securities and pay applicable fees, subject to review and approval of the City Attorney. B. Motion to deny the final plat based on a finding that the application is inconsistent with the policies of the Comprehensive Plan, the requirements of the Zoning Ordinance and /or the requirements of the Subdivision Ordinance. C. Motion to table. cc. Mike Robertson Judy Hudson Andy MacArthur Scott Dahlke Ron Wagner 2 rNAq ON THE GREAT RIVER ROAD ENGINEERING REVIEW Hakanson Residential Subdivision Anderson for the City of Otsego Assoc., Inc. by Hakanson Anderson Associate , Inc. Review No. 1 Submitted to: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, City Clerk ? Dan Licht, City Planner Andy MacArthur, City Attorney Charlie Melcher, P.E., Quality Site Design, LLC Otsego West, LLC Reviewed by: Ronald J. Wagner, P.E. Shane M. Nelson, P.E. Brent M. Larson J Date: January 11, 2005 Proposed Development: Otsego Preserve 3r Addition Street Location of Property: A portion of the W ' / 2 of Section 31, T121, R23 South of 67 Street NE and between Maciver Avenue NE and Macallister Avenue NE. Applicant: Otsego West, LLC Developer: Otsego West, LLC Owners of Record: Floyd Roden Purpose: A proposed 39 single - family residential homes development in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency 1 Permits Required: NPDES (but not limited to) \ \Ha01 \Shared Docs \MunicipalWotsego22xx \2294 \OT2294RVW1.doc INFORMATION AVAILABLE FINAL PLAT CONSTRUCTION PLANS TABLE OF CONTENTS I l COVER SHEET I MASTER UTILITY PLAN SANITARY SEWER AND WATERMAIN PLAN STORM SEWER PLAN STREET PLAN DETAILS STORM SEWER DESIGN GRADING, DRAINAGE & EROSION CONTROL HYDROLOGY OTHER CONSIDERATIONS SUMMARY AND /OR RECOMMENDATION \ \Ha01 \Shared Docs \Municipal\Aotsego22xx \2294 \OT2294RVW1.doc INFORMATION AVAILABLE Revised Preliminary Plat, 11/17/03, by Quality Site Design, LLC Revised Existing Conditions Plan, 11/17/03, by Quality Site Design, LLC Revised Preliminary Grading, Drainage and Erosion Contrd I Plan, 11/17/03, by Quality Site Design, LLC Revised Preliminary Utility Plan, 11/17/03, by Quality Site Design, LLC Revised Phase Plan, 11/17/03, by Quality Site Design, LLC Drainage Analysis for Otsego West, 4/20/04 revision, by Quality Site Design, LLC L Otsego Preserve 3 Addition Final Plat, by Meyer- Rohlin, !Inc. Construction Plans for Otsego Preserve 3r Addition, 12/16/04 revision, by Quality Site Design, LLC Storm Sewer Design Calculations, 10/22/04, by Quality Site Design, LLC Report of Geotechnical Explorations for Otsego West, 11/24/03, by Independent Testing Technologies Wetland Permit Application, 12/22/03, by Kjolhaug Environmental Services Company, Inc. City of Otsego Engineering Manual Minnesota Rules, Chapter 4410 — EAW Requirement Trunk Stormwater Facilities Study for Portions of the Otsego Creek Watershed, February 2003 i City of Otsego Zoning and Subdivision Ordinances, 10/14102 I National Wetland Inventory Map, 1991 Page 1 \ \Ha01 \Shared Docs \Municipal\Aotsego22xx \2294 \OT2294RVW1.doc FINAL PLAT 1. A grading plan must be submitted to determine if any additional drainage and utility easements are required. 1 2. A 100' tangent is required between the reverse curves along 64 Street N.E. Please revise. I CONSTRUCTION PLANS COVER SHEET (SHEET 1) 1. No comments. MASTER UTILITY PLAN (SHEET 2) 1. A 50' radius temporary cul -de -sac at the south endl Marshall Avenue NE with a 4" bituminous curb is required. See Standard Plate No. 108 2. The 8" gate valves on 64 Street NE, at approximate station 3 +03, and at the south end of Marshall Avenue NE, approximate station 6 +10, shall be eliminated. 3. STMH 51 is mislabeled CBMH. 4. The typical section Standard Plate #112 has the incorrect section of Class 3/4 called out. The typical section shall have 18" of Class 1314 a ggregate base. 5. The horizontal scale is incorrectly called out in the title block. 1 inch = 60 feet is correct. I SANITARY SEWER AND WATERMAIN PLAN (SH EETS! 3 TO 6) 1. Depict storm sewer running parallel to the sanitary ;sewer and watermain in the profiles. (All sheets) 2. Sheet 3, the water service to Block 1, Lot 5 appear to conflict with the storm sewer. Please revise. 3. Sheet 3, the last 20' of sanitary sewer main into Drop MH 31 shall be DIP Class 50. 4. Sheet 3, 7, & 9, move the text "See Sheet #5" along 63 Street to eliminate overlapping. 5. Sheet 3, by adding the temporary cul -de -sac at the south end of Marshall Avenue NE the water service to Block 4, Lot 8 will be located within bituminous area and must have a curb stop cover, Standard Plate #112. 6. Sheet 3, the sanitary sewer grades from MH 42 to.MH 40 and from MH 33 to MH 32 are incorrect. Page 2 \ \Ha01 \Shared Docs\ Municipal\ Aotsego22xx\2294 \OT2294RVW1.doe 7. Sheet 3, a temporary hydrant is required at the south end of Marshall Avenue NE. i 8. Sheet 4, the sanitary sewer from MH 35 to MH 36 is shown with less then 6.5' of cover, which is discouraged. Revise the route of the sanitary sewer main to serve lots north of MH 35 to be served from the north off Marshall Avenue NE at a minimum grade, thus eliminating the need to have the watermain below the sanitary sewer. 9. Sheet 5, shorten the sanitary sewer risers to Block 15, Lots 2 -4 to maintain 18" minimum separation between the sanitary sewer services and watermain. 10. Sheet 5, insulate between the 30" storm sewer and sanitary sewer crossing at approximate station 15 +34. 11. Sheet 5, the existing 8" PVC will not be allowed to connect to MH 34. A separate dead end manhole will be required just east of MH't 4. 12. Sheet 6, provide a minimum 12" of separation with insulation or 2' without insulation between the 21" storm sewer and watermain crossing at approximate station 3 +21. 13. Sheet 6, please revise the note relating datum elevations to give a Datum Equation. 14. We are in the process of reviewing the sanitary sewer to determine if a stub to the south property line is require on Marshall Avenue NE. STORM SEWER PLAN (SHEETS 7 TO 8) 1. Minimum storm sewer size is 15 ". Please revise all 12" storm sewer pipes. i 2. Provide 0.8- diameter points fall across manholes when increasing pipe sizes. (Example CBMH 50) 1 3. Currently much of the storm sewer is shown protruding from the clay subgrade. The total street section is 2.29' thick. (3.5" of bituminous, 6" of class 5, and 18" of sand) Placing storm sewer pipe in the street with less than 2.29' of cover over the pipe would result in water collecting on the high side of the pipe crossings thus requiring additional P.A.B. drains and draintile. The minimum build or height from rim elevation to the invert of a 15" pipe should be no less than 3. to prevent the need for additional draintile. 4. All storm sewer shall be RCP or HDPE. Pipe located in areas with traffic shall be RCP. Please revise the storm sewer pipe information calling out PVC. d 5. Maintain a minimum of 3' of final cover over all HD,PE and 1.5' of final cover over RCP storm sewer in non - traffic areas. 6. Sheet 7, please revise the casting types of CBMH 44, CB 53, and CBMH 59 to R- 3501 and CBMH 63, CBMH 64, and CB 65 to R -3067 in the storm sewer schedule. 5. Sheet 7, the low point on 64 Street NE at CB 53 to CBMH 52 requires a 4" P.A.B. draintile. I Page 3 \ \Ha01 \Shared Docs \Municipal\Aotsego22xx \2294 \OT2294RVW1.doc 6. Sheet 7, show the 8" watermain crossing between i,CBMH 53B and STMH 51 in the profile. Insulation is required if separation is less than 2'. 7. Sheet 7, the west invert of STMH 43 is mislabeled,south. 8. Sheet 7, STMH 43 and STMH 51 are mislabeled CBMH's. 9. Sheet 8, the invert of the existing stub east of CBMH 71 should be 946.39. Please revise. STREET PLAN (SHEETS 9 TO 12) 1. Sheet 9, a 50' radius temporary cul -de -sac at the south end of Marshall Avenue NE with a 4" bituminous curb is required. See Standard Plate No. 108 2. Sheet 12, Zimmer Farms has a centerline elevation at station 1 +70 on 64 Street NE at approximately 953. Please coordinate with Zimmer Farms to match elevations here. DETAILS (SHEET 13 to 14) 1. No Comments. STORM SEWER DESIGN 1. Submit a map depicting each catch basins drainage area to supplement the storm sewer calculations. 2. The minimum size of any storm sewer pipe is 15".: Please revise all 12 ". 3. We recommend that the minimum cover over all storm sewer within the street should be 2.29'. See storm sewer comment #3. 4. Provide justification for a time of concentration greater than 10 minutes. Please revise. (Example CB 53A) 5. The intensity of a 10 -year storm should be 5.8 in /hour for a 10 min. time of concentration. GRADING. DRAINAGE & EROSION CONTROL 1. Submit for review. HYDROLOGY i 1. No comments. Page 4 \ \Ha01 \Shared Docs \MunicipalWotsego22xx \2294 \OT2294RVW1.doc i UTILITY SPECIFICATIONS 1. Submit for review. OTHER CONSIDERATIONS 1. An easement for the temporary cul -de -sac is requiri d. 2. Submit inlet spread calculations. SUMMARY AND /OR RECOMMENDATION We cannot recommend approval at this time due to an incomplete submittal. (No grading plan) I Page 5 \\Ha01 \Shared Docs \Municipal\Aotsego22xx \2294 \OT2294RVW1.doc L i r a I It L - 7 h. 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R aaw ee R Wce mse R Wse Dote R o n I � • ,L1,t1.0 N h O yj =oW B�yefi 8 z s i'd 0 r m XI � gg � gg O ITEM 7 -2 N A.S.SOC.IAT.E;D C'ONSUL,TAN;TS I 4800 Olson Memorial Highway, Suite 2'02, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacpianning.com PLANNING REPORT - addendum TO: Otsego Mayor and City Council FROM: Laurie Skives /Daniel Licht DATE: 3 January 2005 RE: Otsego — Cederberg Estates, Final Plat FILE: 176.02 — 04.19 BACKGROUND Bob and Anna Cederberg have submitted a revised final plat of Cederberg Estates. The proposed development is a three lot subdivision located on the southwest quadrant of 88 Street NE and O'Brian Avenue. The application was previously considered by the City Council at their meeting on 27 December 2004 and tabled to allow the applicant to respond to lot requirement issues. I. Exhibits: A. Site Location B. Preliminary Plat C. Final Plat ANALYSIS Preliminary Plat Consistency and Lot Requirements. The revised final plat shows three proposed lots, instead of four as was shown on the preliminary plat and the initial final plat.. The preliminary plat was approved with four lots upon the condition that all of the lots must the meet R -3 District requirements with a one acre minimum area and a minimum width of 150 feet to a public street, which at least one of the proposed lots on the intial final plat did not meet. Modification of the preliminary plat was also required to minimize the extent of the irregular lot shapes. The revised final plat has complied with these conditions of approval. Access. The lots within the final plat are to be accessed I 88 Street NE and O'Brian Avenue. These roadways are both paved streets and one driveway per lot will be allowed. I Park and Trail Dedication. Park and trail dedication requirements are to be satisfied as a cash fee in lieu of land equal to $2,820 per dwelling unit.. The final plat results in creation of one new lot and replats two existing lots. As su ch, park dedication must be paid only for the new lot for a total sum of $2,820.00. Grading and Drainage. Final grading, drainage and erosion control plans are subject to the review and approval of the City Engineer. The grading plan does not anticipate resubdivision of the property if sanitary sewer and water is made available. A resubdivision plan is required to be submitted for the revised final plat. The location of new principal dwellings on these lots must respect the future resubdivision plan and applicable side yard setbacks. Utilities. The proposed lots are to be served by on -site septic and well systems, which are subject to the review and approval of the City Engineer. Development Contract. The applicant is required to enter into a development agreement with the City and pay all applicable fees and, securities upon approval of a final plat. The development contract is subject to review and approval of the City Attorney. Refuse. As stated in the preliminary plat report and reconfirmed by City Staff based on a windshield inspections of the property on 14 December 2004 and 6 January 2005, there is junk, debris and inoperable /unlicensed vehicles on the subject site. Prior to release of the final plat, any and all of these conditions that constitute a nuisance must be removed compliant with Sections 5 -8 -5 and Section 5 -8 -6 of the City Code. An on- site inspection of the property will be required to confirm compliance. RECOMMENDATION The proposed Cederberg Estates final plat is consistent with the requirements of the Zoning Ordinance and Subdivision lot requirements and the previous preliminary plat approval. Our office recommends approval in accordanc with the conditions outlined below. POSSIBLE ACTIONS A. Motion to approve the Cederberg Estates Final PIat, subject to the following conditions: I 4 1. Park and trail dedication requirements shall.�be satisfied as a cash fee in lieu of land equal to $2,820.00 2. The final grading plan is subject to review and approval of the City Engineer and shall include plans for resubdivision of the lots. Principal buildings shall be constructed on each lot respective of future side lot lines and required setbacks to allow for such resubdivision. 3. Existing and proposed on -site utilities shall be subject to the review and approval of the City Engineer and City Building Official. 4. All refuse be removed from the property prior to release of a final plat, subject on -site inspection by the Code Enforcement Officer. 5. Comments of other City Staff. B. Motion to deny the final plat based on a finding that the application is inconsistent with the policies of the Comprehensive Plan, the requirements of the Zoning Ordinance and /or the requirements of the ubdivision Ordinance. C. Motion to table. C. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Bob Cederberg Michelle MacMillan 3 rn OTSEGO ON THE GREAT RIVER ROAD a NAC ire= BASE MAP DATA PROVIDED BY A M I n ■ A ■ Amm,�nc. PREPARFb OCTOBER 2001 NOTE: THIS MAP IS FOR PLANNING PURPOSES ONLY AND SHOULD NOT BE USED FOR EXACT MEASUREMENT. r4 nt, M. 'ON1 'S3.LYtOOSSV I NOSW3(3d 'iUVOOS K7o — -- — l— l—, ;1 -Z �J.j LU 5/3 1 Q;t LL. Z 0A a Cf Cj) NJ Q� LU W. Q P I. P. NN 'Aluno:) j0um o6as)o to 40 4 Lv1S3 083883030 9 cold A'Ou 6 ,x CJ Z vs .4j 47 co Ito Pc LCJ A o Q LL, bit; cc a 4 ILI 1 1 Y I II /•,��\\ l I �� piaomgsvi:�;' ?$_� iii it �5 ��a li '�66 I. P. NN 'Aluno:) j0um o6as)o to 40 4 Lv1S3 083883030 9 cold A'Ou 6 ,x CJ Z vs .4j 47 co Ito Pc LCJ A o Q LL, bit; cc a 4 ILI 1 1 Y I II /•,��\\ l I W uj 0 0 W � � r w i � w N N O � N V) co W - _ _ .- 3or.xaos Icr+ Q 7 O ili € k 4-T:= I • .>j°aG a b . - I I I7 - I I I I•d I x N cn � I i�S t P C . W • i I n '• + Y 1 _ r = I ::) I .Ili -. • � E�e .. _, i Ga w ° t_�'• _ .r�csi ----- .._ uza - = ' � Iii i a.l F t 1 m - z p3 � ,mrt0 hao ,l°rn>sit � , II I I B • I �O Nw'r°P' 91warl �e .�� 4, I 1 -- OUDi 1 •,• �.� o � 9Z'o9 I.ecrcawu ;g . e yy pt m i - I I U � `a e m € g $fi S J a ;- a / ° t S — � ma..E - O • s -- OUDi 1 •,• �.� o � 9Z'o9 I.ecrcawu ;g . e yy pt m i Hakanson Anderson Assoc., Inc. i 3601 Thurston Avenue, Anoka, MN 55303 30 .Phone: 763/427 -5860 Fax: 763/427 -0520 J� MEMORANDUM To: Honorable Mayor and City Council From: Shane Nelson, P.E. cc: Mike Robertson, Administrator Judy Hudson, Clerk Ronald J. Wagner, PE Dan Licht, NAC Robert Cederberg Greg Bowles, Bogart Pederson Date: January 17, 2005 Re: Final Plat for Cederberg Estates We have reviewed the Final Plat for Cederberg Estates and offer the following comments: 1. A letter addressing the drain field soils has been received and is acceptable. 2. The plat has been revised to show three lots with an acceptable lot configuration, excepting the well location in relation to one lot! line. An existing well is located within the proposed drainage and utility easement, which is typically reserved to facilitate drainage and for utility installation. We recommend that the lot line shared by Lots 2 and 3 be moved south such that the well is no longer located within the proposed drainage and utility easement. i 3. A grading plan has been submitted and is acceptable. 4. Only one existing well is shown on the plan for the two existing houses. If two wells are present they must both be shown on the plan according to section 21- 6- 2.C.11. It may be possible that the two houses share the well. The Minnesota Department of Health allows this, however, it could be a future issue if the well needed maintenance or replacement. The council could require both homes to have individual wells, or at a minimum require an agreement be in place outlining the dual ownership and maintenance terms. We recommend approval contingent upon the above comments being addressed. S� //Ha01 /shared docs /municipaVaotsego2xxx/2500 /2004 /ot2500hmccCederberg2 FA REVIEW DRAFT ITEM 8_7 j CITY OF OTSEGO WELLHEAD PROTECTION PLAN Part 2: ➢ Potential Contaminant Source Management Strategy Impacts of Expected Changes to Land and Water Resources ➢ Issues, Problems & Opportunities ➢ Wellhead Protection Plan Goals; ➢ Management Strategies ➢ Evaluation Plan ➢ Emergency /Conservation Plan January 24,2005 i REVIEW DRAFT TABLE OF CONTENTS page number J I. PUBLIC WATER SUPPLY PROFILE - I1. DOCUMENTATION LIST I - III. EXECUTIVE SUMMARY IV. CHAPTER 1 - Data Elements; Assessment - Figure 1 —East Central Otsego WHPA and DWSMA Map Figure 2— Southeast Otsego WHPA and DWSMA Map Figure 3 —West Otsego WHPA and DWSMA Map Figure 4— Overall Otsego Water System Figure 5 —City -wide Location Map for Potential Contamination Sources V. CHAPTER 2 - Impact of Changes on P Water - Supply Well Figure 6 —East Central Otsego Existing Land, Use Map Figure 7 —East Central Otsego Future Land !, se Map Figure 8— Southeast Otsego Existing Land Use Map Figure 7— Southeast Otsego Future Land Use�'Map Figure 9 —West Otsego Existing Land Use Map Figure 10 —West Otsego Future Land Use Map VI. CHAPTER 3 - Issues, Problems and Opportunities - VII. CHAPTER 4 - Wellhead Protection Goals - IIX. CHAPTER 5 - Objectives and Plans ofAction - IX. CHAPTER 6 - Evaluation Program - X. CHAPTER 7 - Alternative Water Supply; - Contingency Strategy XI. APPENDIX A - REFERENCED DATA FOR PART 2 - i REVIEW DRAFT J PART 2 PROFILE PUBLIC ATER SUPPLY NAME: City of Otsego ADDRESS: 8899 Nashua Avenue NE, Otsego, MN 55330 I TELEPHONE NUMBER: 763 - 444 -4414 E -MAIL: FAX #: 763 -441 WELLHEAD PROTECTION MANAGER I NAME: William L. Morris Jr. PE I ADDRESS: Hakanson Anderson Associates, Inc., 3601 Thurston Avenue, Anoka,l 55303 TELEPHONE NUMBER: 763 - 427 -5860 E -MAIL: BiI1M @hakanson- anderson.com WELLHEAD PROTECTION TEAM City Staff FAX #: 763- 427 -0520 Mike Robertson, City Administrator Judy Hudson, City Clerk Kurt Neidermeier, Water and Wastewater Operator Ron Wagner, City Engineer Minnesota Department of Health Staff Gail Haglund, Hydrogeologist Mike Howe, Principal Planner i REVIEW DRAFT DOCUMENTATION LEST i Part I Approval Notice Received from MDH Scoping Meeting II Held: (4720.5349, subp. 1) Scoping Decision Notice Received: (4720.5340, subp. 2) Remaining Portion of Plan Submitted to Local Units of Government (LGU's): (4720.5350, subp. 1 & 2) Review Received From Local Units of Government: (4720.5350, subp. 2) Review Considered: (4720.5350, subp. 3) Public Hearing Conducted: (4720.5350, subp.4) Remaining Portion WHP Plan Submitted: (4720.5360, subp. 1) November 20, 2004 i i November 23, 2004 December 3' 2004 Approved Review Notice Recieved: REVIEW DRAFT PART 2 EXECUTIVE SUMMARY This portion of the wellhead protection (WHP) plan for the City'of Otsego includes: • the results of the Potential Contaminant Source Inventory, • the Potential Contaminant Source Management Strategy,; • the Emergency /Alternative Water Supply Contingency Plan, and • the Wellhead Protection Program Evaluation Plan. Part 1 of the wellhead protection plan presented the 1) delineation of the three wellhead I protection areas (WHPA's) and the drinking water supply management areas (DWSMA's) and 2) the vulnerability assessments for the system's wells and the aquifer within the DWSMA's. Part 1 of the WHP plan was submitted to the Minnesota Department of Health (MDH) and approved on November 15, 2004. The three well supply systems are geographically separated and _not interconnected at this time. The City has long range plans for interconnection of these three systems into one combined system . This will be discussed in the alternative water supply management portion of this plan. The three separate systems are titled East Central Otsego, Southeast Otsego and WestjOtsel The boundaries of the three WHPA's/DWSMA's are shown in Figure 1, Figure 2 and Figure 3 respectively. The vulnerability assessments for the aquifers within the Southeast Otsego and West Otsego DWSMA's were performed using available information and indicate that the aquifers used by the city are not considered to be vulnerable to contamination because it is covered by fine - g geologic materials that hydraulically separate it from surface water. Consequently, the principle potential sources of contamination to the aquifer are other wells that reach or p lnetral it. I I The vulnerability assessment for the aquifer within the East Central Otsego DWSMA was performed using available information and indicates that the aquifer used by the city is mostly not considered to be vulnerable to contamination because it is covered by fine- grained geologic materials that hydraulically separate it from surface water. , However, due to some large deposits of glacial sands and gravels in two small portions of the DWSMA, ( outlined in yellow on the map) these two areas are considered moderately vulnerat to contamination from the surface. In addition to the location ofEwells drill through the confini aquifer, the City must inventory the septic tank drain fields, above and below ground fuel oil storage tanks and also any suspected Class 5 automotive fluid contaminated septic systems within these two areas of moderate vulnerability. I This information was presented to the WHP team during the Second Scoping meeting held with the MDH November 23, 2004 when the necessary requirements for the content of Part 2 were outlined and discussed in detail. I f REVIEW DRAFT The vulnerability assessments for all five of the public water supply system, that the wells are not vulnerable to contamination based on the information that construction of each well. The information and data contained in Chapters 1 -4 of this part ` W f the HP Plan (hereafter referred to as Plan) support the approaches taken to address potential contamination sources that have been identified as potentially affecting the aquifer used by the public water supply. The reader is encouraged to concentrate attention on Chapters 1 -4 in p rder to better understand why a particular management strategy is included in Chapter 5. In Chapter 1, the required data elements indicated by the MDH in the Scoping 2 Notice a`re addressed as well as the data's degree of reliability. Pertinent data elements include information about the geology, water quality and water quantity. The data el ments and information supplied in Part 1 of the WHP Plan are based on the assessment that the aquifer providing drinking water for this system is most likely to be vulnerable to other wells that) enetrate the same aquifer. No other wells are known to exist in the same aquifers within the DWSMA's. The City completed a thorough inventory of the septic tank drain fields, above and below ground fuel oil storage tanks and also any suspected Class 5 aut motive fluid contaminated septic systems within these two areas of moderate vulnerability. kAll of the septic tank drain fields were found to be for typical domestic uses only. No discharge of automobile or farm equipment oil or fuel was found that was collected in the existing septic tank system. All of the above ground fuel tanks, all located on commercial sites or farm homesteads for farm equipment purposes, were 500 gallon capacity or less. Most had secondary containent structures around ound them. I The City also determined the location of all 31 Potential Contaminant Sources listed within the Otsego City limits. See Figure 4 for these 31 sites located. There were only five of the 3(�1 located within the DWSMA's of any of the three well supply areas. None of these five contaminant sources are considered significant threats to the aquifer. Seethe detailed discussion of the mitigating factors in Chapter 1 of the Plan. Chapter 2 addresses the possible impacts that changes in the physical environment, land use, and water resources have on the public water supply. Significant changes, such as development of rural farm and crop land into residential and commercial uses, a`e anticipated within the next ten -year period. However, the City requires all new developments to be connected to the`City's water and sewer systems. Therefore, there will not be any new wells penetrating the aquifer of septic tank drain fields to pose a risk of contamination of the ground water. The City of Otsego has evaluated the support necessary to implement its wellhead protection tection plan. The problems and opportunities concerning land use issues relating to the aquifers, well water and the DWSMA's, and those issues identified at public meetings are addressed in Chapt 3. REVIEW DRAFT i With the exception of the two small areas of moderate vulnerability in the East Centr DWSMA, the non - vulnerable status of the aquifer and wells, and the good quality of currently produced by the system's wells leaves only two major concerns: 1) other w within the DWSMA that could become pathways for contamination to enter the aquifer; the pumping effects of high - capacity wells that may alter the boundaries of the delineate WHPA, reduce the hydraulic head in the aquifer, or cause the movement of contaminati toward public water supply well(s). The drinking water protection goals that the public water supplier (PWS) would like to with this plan are listed in Chapter 4. In essence, the PWS would like to 1) maintain or on the current drinking water quality, 2) increase public awaren As of groundwater prot issues, 3) protect the aquifer, and 4) collect data to support future efforts in wellhead pr planning. 2) The objectives and action plans for managing the potential sources of contamination (wells that penetrate the aquifer utilized by the water system for their drinking water source) are contained in Chapter 5. Actions aimed toward educating the general public about groundwater issues; gathering information about other wells, and collecting data rele ant to wellhead protection planning are the general focus. Chapter 6 contains a guide to evaluate the implementation of the identified management strategies of Chapter 5. The wellhead protection program for the' City of Otsego will be evaluated on an annual basis prior to the City's budgeting process. An emergency /contingency plan is included to address the possibility that the water supply system is interrupted due to either emergency situations or drought. Chapter 7 contains details about the water supply distribution system, emergency contact riurnbers, equipment listings as well as other information to assist the City in responding quickly and effectively in emergency situations (or for those cities serving >I 000 Chapter 7 references the Water Conservation' Plan approved. by the MnDNR). I REVIEW DRAFT Figure 1 —East Central Otsego WHPA and DWSMA Map REVIEW DRAFT Figure 2— Southeast Otsego WHPA and DWSMA Map i i REVIEW DRAFT Figure 3 —West Otsego WHPA and DWSMA Map REVIEW DRAFT Figure 4— Overall Otsego Water System i REVIEW DRAFT Figure 5 —City -wide Location Map for Potential Contamination REVIEW DRAFT Figure 6 —East Central Otsego Existing Land Use Map Figure 7 —East Central Otsego Future Land Use Map Figure 8— Southeast Otsego Existing Land Use Map, Figure 7— Southeast Otsego Future Land Use Map Figure 9 —West Otsego Existing Land Use Map Figure 10 —West Otsego Future Land Use Map REVIEW DRAFT i REVIEW DRAFT CHAPTER ONE i DATA ELEMENTS; ASSESSMENT (4720.5200) I. REQUIRED DATA ELEMENTS A. Physical Environment Data Elements 1. Precipitation — This data element does not apply because there is not a direct hydraulic connection between surface waters and the aquifer serving this water supply system. 2. Geology — This data element is required for and is presented in the first part of the WHP Plan. The following recommendations are presented regarding the collection of geologic information over the time this plan remains in effect, (list any recommendations in Part 1 report or lack of information noted in Part 1 report here). 3. Soils -- This data element does not apply because there � not a direct hydraulic connection between surface waters and the aquifer serving this water supply system. 4. Water Resources -- This data element applies as it relates to future groundwater uses that may influence the ability of the aquifer to yield water to the public water supply. Increased water use may result in a reduction in aquifer yield or increase the likelihood that contaminants of human or natural origin may affect the quality of drinking water. B. Land Use Data Elements 1. Land Use — A map showing the boundari WHPA/DWSMA, and a listing of property owners and pi been submitted to MDH for development of the Part 1 of contained in Part lwhich indicate that the public water su use activities, only an inventory of other wells located A listing of wells inventoried within the DWSMA and a ma] are included in the Appendix as Exhibit #3. Other infon political boundary maps, comprehensive land use maps aj within the DWSMA were not specifically required to be s of land parcels within the perty identification numbers have his Plan. Due to the information ply is not vulnerable to most land thin the DWSMA is required. A showing their locations (Figure 2) .ation relating to land use such as i zoning maps for the area located ncluded with this plan due to the low vulnerability of the aquifer within the DWSMA. This information, however, can be helpful to decision- makers during future planning efforts by keeping awareness of WIT and groundwater quality issues in consideration. 2. Public Utility Services -- Records of well construction and maintenance apply to this portion of the plan due to the information provided about the well(s) and the quality and quantity of the water supplying this system. This information was used to support the development of Chapter 7 of this plan which details an emergency /conservation plan for this system REVIEW DRAFT C. Water Quantity Data Elements 1 Surface Water Quantity -- This data element does not apply because there is not a direct hydraulic connection between surface waters and the aquifer serving this water supply system. 2. Groundwater Quantity -- Growadwater levels are adequate for the amounts that )our system 's name) currently is permitted for tinder the groundwater appropriations program that is adm .nistered by the Minnesota Department of Natural Resources (MDNR). There are currently are no other high capacity wells within. the DWSMA for which well. interference complaints with the City wells have been documented. !At this time, there appears to be sufficient groundwater quantity based upon existing pumping capacity of all wells completed in the aqui..fer used by the City. I. D. Water Quality Data Elements 1. Surface Water Quality — This data element does not apply because there is not a direct hydraulic connection between surface waters and the aquifer serving this water supply system. 2. Groundwater Quality -- This data element applies to this portion of the Plan for (your system's name). Existing information consists of isotopic and chemical analyses and indicates that the aquifer used by the public water supply is recharged very slowly by surface water. As such, there is a low probability that current land use has a direct impact on the quality of drinking water. Additional groundwater quality information should be collected over the ten -year life of the plan. Groundwater quality information was used to determine that other wells are the primary potential source(s) that need to be inventoried and managed. Changes in the general chemistry of the well water may iri�dicate that the aquifer is receiving recharge from different pathways such as improperly constructed or sealed wells or through different geological materials. .1 II. ASSESSMENT OF DATA ELEMENTS A. Use of the Well — General information describing this public water supply system is presented in the Source Water Assessment (SWA) found I in Part lof this Plan. B. Wellhead Protection Area Delineation Criteria, — See Part 1 of this Plan for documentation regarding how the following delineation criteria were applied to determining the boundaries of the WBPA: I 1. Time of Travel — 10 years 2. Flow Boundaries — geologic information 3. Daily Volume — provided by the City 4. Ground Water Flow Field — delineation method REVIEW DRAFT 5. Aquifer Transmissivity — aquifer test plan C. Quality and Quantity of Water Supplying the Public Water Supply Well -- Water quality monitoring results indicate no evidence of contamination from 1) human-origin such as fuel and fuel break -down products, pesticides, or commercial fertilizer, or 2) naturally occurring contaminants such as arsenic and boron. At this time problems with water quality are not an issue as the system has enjoyed water quality that meets or exceeds standards in the Federal Safe Drinking Water Act. 1 D. The Land and Groundwater Uses in the Drinking Water Supply Management Area — (Reference Table 1 below, that provides a. listing of.'the types of til , ells that are found in the DIVSMA..) The .managernent strategies selected and documented in. Chapter 5 of this Plan will focus in on activities that have the most potential to impact the aquifer this public water supply system is using f:or .its drinking water supply. Table 1. Types of Wells Inventoried in the Drinking Water Supply Management Area TYPE OF WELL NUMBER # DNR PERMIT Other Public Water Supply Ag. Irrigation Non- Ag. Irrigation Industrial Commercial Dewatering Domestic k Observation Unused/Unsealed E Sealed/Reported to MDH L. I Class 5 Automotive REVIEW DRAFT CHAPTER TWO IMPACT OF CHANGES ON PUBLIC WATER SUPPLY WELL (4720.5220) 1 I. CHANGES IDENTIFIED IN: A. Physical Environment — Large -scale changes in the physical environment,( mostly conversion of rural crop land and farms to low and medium density residential uses) within all three DWSMA's are anticipated during the 10 year period that this Plan is in effect. The geologic conditions that protect the water supply are such that changes in physical environment should have little to no effect on the aquifer within the DWSMA's. B. Land Use — Changes in the land uses in the DWSMA 1 1will likely have little impact on the aquifer unless additional municipal wells are developed or water demand is increased to the point that additional loss in hydraulic head occurs ! ithin the aquifer used by the public water supply. Constructing additional wells into the aquifer may increase the points of entry or draw naturally occurring or human- caused contaminants towards the PWS wells. I C. Surface Water — There appears to be no direct hydraulic connection between surface water and the aquifer used by the public water supply system as a drinking water source. Therefore, any changes to the conditions of surface waters will have little or no impact on the quality or quantity of the public water supply. D. Groundwater — The public water supply system's wells have historically provided groundwater of excellent quality and quantity. As of the date of Plan. approval, the community does not anticipate 1) addition other large capacity water users to the public water system, and 2) no large expansions are being planned by businesses currently served. II. IMPACT OF CHANGES A. Expected Changes in Water Use —The City does no anticipate that its water use will increase by more than fifty percent during the first five years that this Plan is in effect. The City will re- evaluate its water -use patterns for the second five -year interval as part of its comprehensive planning activities and incorporate th se results into future revision of this Plan. REVIEW DRAFT B. nfluence of Exist Regulation — Both the City of Otsego and Wright County have existing land use ordinances that could be revised in the future to address iw cw private wells within the DWSMA. However, there Is no discussion, or inten.t.ionat this time of requiring additional. regulati.o.n related to .managi:ng wells within the City's .DWSMA. The Wright County Planning Department has identified the sealing of unused /unsealed wells in the City's DWSMA as a priority item and wil assist with addressing additional unused/unsealed wells as they are identified. The City also has an ordinance prohibiting the connection of new wells to a plumbing system so that it interconnects with the public water supply distribution system. A copy of this portion of the City Ordinance is included in. the Appendix as .Exhib.it #6. 1 C. Administrative, Technical, and Financial Consideiations — The City of Otsego assembled a Wellhead Protection Team early .in the process of developing this .Plan. Many of the activities during the planning process have 1 een accomplished through efforts of this group, with assistance from studies provided by other units of government. For this :Plan to be effective: 1 1. The City will need to raise public awareness of the issues affecting its drinking water supply through public educational. p.rog .-anis. 2. Administrative duties wil.l .remai.n with. the Well.h.'ead Protection Manager who will. report to the City Council, coordinate i.m.plem.entation of wellhead protection management action plans, and conduct regular m0etings. 3. Support of Wellhead Protection activities will be provided by funds from the utility's water operating fund. for in.isce:llaneous uses as well as a WHP budget lane itein to be created during the next budgeting process in 2005. Other sources of finding or in kind services to help achieve the goals set forth in this Plan's Chapter 4 include 1) the Wright County Soil. andl,*ater. Conservation District and. their well. sealing cost share program, 2) the .Minnesota .Department of Health who will assist with determining the correct measurestor sealing unused wells, constructing .new wells, and. requiring the sealing.o:f unused wells .if this becomes .necessary, and 3) the Minnesota .Rural Water. Association for technical assistance during the wellhead protection implementation phase, 4. The costs of i.m.plement.i.ng We1:1h.ead Protection activities will be evaluated on. an anrival basis to determine whether the original cost estimates match 1) the scope of the management practices identified in. this part of the Plan„ 2) changes in the status of the wells listed in Table 2, and 3) actual. 1 costs related to proper sealing of unused/unsealed wells. The City will discuss changes in plan implementation costs with MD:H to deternn.i.ne the availability of state or :federal funding for offsetting .increased costs to plan .i:mplenlentati.on. REVIEW DRAFT CHAPTER THREE ISSUES, PROBLEMS, AND OPPORTUNITIES (4720.5230) I. LAND USE ISSUES, PROBLEMS, AND OPPORTUNITIES RELATED TO: i A. (1)The Non - Vulnerable Aquifers — The non - vulnerable aquifers, the Southeast Otsego, West Otsego and three quarters of the East Central Otsego WHPA identified as the source of the City's water supply, should be relatively unaffected by land use activities with the exception of other wells that penetrate the same aquifer. (2)The Moderately Vulnerable Aquifer — The moderately vulnerable portion of the East Central Otsego aquifer, was subjected to a thorough inventory of any above or below ground fuel tanks or existing septic tank drain fields that were larger than the typical household system or might have contaminants from vehicular maintenance or fueling operations. The City also located all thirty one of the Potential Contaminant Sources listed for the City of Otsego. The results of these inventories show that there is no significant long term threat to the drinking water aquifer from these potential contaminant sources. I (a) Septic Drain fields- The only large community sized ion -site septic treatment system is the one operated by the Otsego Elementary School oii CSHA 42 that lies between Wells No. 1 and Well No. 2. The school is in the process of designing a gravity sewer connection to the existing City sewer in front of the school. The abandonment of the on -site septic system should occur by early June of 2005. (b) Class 5 Automotive Fluid Septic Systems- All of the commercial businesses and farm operations that had powered equipment that was parked, stored or routinely maintained on the property was inspected to determine if any of the fuel oil, motor oil or other petroleum based liquids were drained into floor drains or other devices and then disposed of in the septic tank system for the property. Both of the active farm operations and the two commercial operations, Sewe`man Inc. ( a septic tank cleaning contractor) and Cota Concrete Forming Company were not guilty of this practice. (c) Fuel Storage Tanks- There were five above ground fuel storage tanks found within the DWSMA but not within the moderately vulnerable areas. All tanks were 500 gallons or smaller in size. Three had suitable secondary containment structures. The City will monitor the two other tanks, both on the same farm, for`signs of leakage. This farm property owner has indicated that he has plans to develop his forty acres as low to moderate density residential in the near future. i REVIEW DRAFT B. The Well Water — The wellhead protection plan is pr;marily concerned with other water supply wells located within the three DWSMA's. The potential contaminant source inventory performed by the Wellhead Protection Team indicated the types of wells listed in Table 1, Table 2 and Table 3. Some of these wells may extend into the aquifer that supplies the City with its water. These wells, if maintained improperly, could convey pollutants to the aquifer. i The placement of additional high capacity wells, increased pumping from existing wells, or significant changes in current groundwater appropriations within the DWSMA may have an impact on 1) groundwater availability to all user' , or 2) increased risk that contamination may enter the part of the aquifer used by the community water supply wells. C. The Drinking Water Supply Management Area — The principal concern expressed by the City is to ensure that consistent and long -term management of water wells, environmental bore holes, and observation wells occur within the DWSMA. Second, changes in land use that increase pumping of the aquifer used by the City wells needs to be assessed :for its possible impacts on water availability and quality. Finally, the City has no regulatory authority over water appropri.a.ions and must rely on the State of Minnesota to address issues and concerns related to pumping. 1. II. IDENTIFICATION OF: A. Problems and Opportunities Disclosed at Public Meetings and in Written Comment — At the beginning of the planning process other Local Units of Government (LUGs) were identified. and informed that the City was b.egin.n:ing the wellhead protection planning process. (See Exhibit #7 in Appendix A for a list of LUGs.) Each unit of goverment was also sent a copy of the City's de.li.neatedkWHPA.'s and DWSMA's and vulnerability assessn.ietit for the wells and .DWS.MA's. To date, no comments from the LUGs have been received. The general public was also given opportunities to participate in. the planning process and to comment at the Public Informational Meeting and Public Heari.iig. No concerns from. the general public have been expressed at this time. REVIEW DRAFT B. Data Elements — The state's Wellhead Pro tection. Rule requires that existing infonnation be utilized in developing the initial Wellhead .Protection Plan. Much of the data. collected. and. utilized to delineate the City's WHPA's and DWSMA's and. to detenni.ne the vulnerability of the aquifers to possible co! itami.nati.o.n, co.n.aes fi. snall- scale, or regional studies. There is a limited amount of subsurface infonnation available to define local groundwater :flow conditions and the groundwater cherni.stry of the aquifer within the . DWSMMA. The direction. of groundwater fl.ow1was evaluated to address concerns that the current amount of subsurface information dues not permit an unquestioned determination of local groundwater flow conditions toward. the City water supply wells. As a .result, delineation. of the WHPA. represents a composite of capture zones generated by varying aquifer properties. i The City plans to utilize public education opportunities, both existing and proposed, to address potential contamination of the aquifer by other wells. Additionally, the City will work :in cooperation with the Wright County Planning Department to utilize the well seal.irag cost share program currently available. The C.ityLeurrentl.y has an ordinance in place that prohibits the cross connection between privately owned wells and the community water supply distribution. system. The City will set high priority on well seahrig for existing wells that are unused or .not properly n�ai.ntained. The City will work with. MDH to 1) identify proposed wells that may present these additional. concerns, 2) ensure these wells are properly co .istructed, 3) determine whether an alternative aquifer could be use, and 4) identify water -,,use and conservation .requirements that the MDNR may specify with. the groundwater appropriations permit. The City plans to continue to focus its data collection efforts on the following activities throughout the ten -year life of this plan: 1. The City will work with MDH to identify new wells that are constructed within the DWSMA and to verify their locations; 2. The City will inform MDH when any of the City wells are repaired so that information regarding well construction, stati c water level, and pumping capacity can be verified or updated; 3. The City will collect water samples on a biennial basis from each well and analyze the well water for total anions and cations. The results of this monitoring will be used to determine trends in natural water quality; 4. The MDH will collect a water sample from at! least one well after the first five years of plan implementation and have the water analyzed for tritium content using an enriched analytical technique. Testing results will be used to document that the rate of recharge to the aquifer is not increasing and that it is still hydraulically isolated from surface water REVIEW DRAFT 5. The City and MDH will inform each other of additional high capacity wells that are to be constructed within the DWSMA or within a mile of its boundary. MDH will determine with the MnDNR whether the applicant for a water appropriations permit needs to conduct an aquifer test to evaluate the long -term pumping impacts on the City water', supply wells; 6. Conduct a pumping test on one of the City wells if the City determines that this does not present a public safety problem relating to the disposal of water that cannot be placed into storage or used by the community; 7. Inform MDH of any wells that are to be properly sealed within the DWSMA so that the Minnesota Geological Survey can be notified and determine whether it can run a borehole geophysical su of the well; and 8. Inform MDH if the City is considering the construction of a new water supply well so that MDH can determine whether any, potential sites for the new well present concerns over well interference or the movement of existing contamination plumes toward existing city or water supply wells. C. Status and Adequacy of Official Controls, Plans, and other Local, State, ana Federal Programs on Water Use and Land Use — There are many tools available to the City and other regulating agencies that may be used to achieve the wellhead protection. planning goals identified by the wellhead planning team. State and local governmental units such. as .MD.H, Wright County, the MDNR and the City of Otsego regulate ✓ well. construction. - :MD.H. , ✓ well sealing - MDH, ✓ state groundwater approp.ri:ation pei7nits - MDN �, ✓ public water supply quality - .M.DH, ✓ Setbacks for specific contaminant sources from a well - MDH and local governments through conditional use permitting, and ✓ :Land use controls — .Local Goverrunents. The wellhead protection planning team has recommends'that no additional regulations be unposed at this time and are conf dent that local issues .may be adequately addressed through, existing processes. These include public education, adoption of best management practices for well maintenance and water conservation, and good communication with other landowners within the three DWSMA's. I The Wright County Planning .Department has been. contacted to determine the availability of cost -share finds to assist with the sealing of identified unused /unsealed wells Nvith.in the three DWSMA's. i REVIEW DRAFT CHAPTER FOUR WELLHEAD PROTECTION GOALS (4720 The public water supply is located deep underground and is classified as non - vulnerable,( since the moderately vulnerable portions have no significant contaminant sources) based on the geologic characteristics in the area that tend to confine the aquifer and protect it from contamination resulting from land use activities. Consequently,; this WHP Plan will focus on addressing the placement and usage of other wells that may be used for domestic, public or commercial purposes. The overall goal is to a.) prevent contamination of the aquifer and, b.) manage the aquifer cooperatively to assure sustainable water supplies for all users. The public water supply system has enjoyed a sufficient and safe water supply in the past, and proposes that through the implementation of this WHP Plan to c ! ntinue supplying safe, potable water for its customers into the future. The WIT team identified the following goals to be achieved with ; the action items contained in this Plan: A. Maintain or improve on the current level of water quality which meets or exceeds all state and federal standards. B. Educate public officials, landowners and the general public about the importance of wellhead protection to protect the public drinking water supply. C. Provide and promote activities that protect the aquifer from which the City's (or system's) drinking water supply is drawn and increaas e public awareness of the Wellhead Protection Program and groundwater protection issues. i D. Provide ongoing collection of data to support future; wellhead protection efforts. E. Maintain a 0 ppm of contaminants in the raw water. (This could be used if there are no contaminants in the water and the public water supplier wants to keep it that way) F. Increase general public awareness of groundwater problems. g P p 1 G. Increase funding for source water protection. H. Implement active, community -wide, water conservation program. REVIEW DRAFT I. To promote public health, economic development and community infrastructure by insuring a potable drinking water supply for all residents of the community. h impact on the City's. aquifer from existin and planned wells within the J. Assess the p ty q g p DWSMA. K. Ensure protection of the City's aquifer. L. Maintain water quality and integrity of the public water supply system's wells. and inventory M. Address priority action regarding identification ry of wells within the DWSMA. REVIEW DRAFT CHAPTER FIVE OBJECTIVES AND PLANS OF ACTION (4720.5250) ESTABLISHING PRIORITIES -- The aquifer supplying the system's drinking water supply has been identified as non - vulnerable to contamination from typical land use activities, with the exception of other wells that penetrate the'confining layer to reach into the aquifer. Therefore, the Wellhead Protection Planning Team would like to concentrate management efforts on the following factors to create awareness of groundwater protection and help prevent future contamination of the aquifer: 1. Manage other wells 2. Inform the public about groundwater issues 3. Collect additional data relating to local groundwater issues A. WELL MANAGEMENT OBJECTIVE Al - Comment: May come from ready -made list of objectives. ➢ WHP Measure A1-1 Comment: May come from ready -made lists of measures. Source of Action: Comment: The parties responsible for accomplishing the action Cooperator(s): Comment: Parties who have committed to help with accomplishing the plan of action] Time Frame: Estimated Cost: Goal achieved: ➢ WHP Measure A1-2 Source of Action: Cooperator(s): Time Frame: Estimated Cost: Goal Achieved: REVIEW DRAFT B. PUBLIC EDUCATION C. DATA COLLECTION Wells: A Menu of Management Ideas for Wellhead Protection Programs Education: ✓ Sponsor a workshop to educate property owners on the proper location, maintenance, and sealing of wells. ✓ Work with Minnesota Department of Health (MDH) to schedule experts who can serve as trainers at these workshops. ✓ Use a packet containing pamphlets and other printed information to inform property owners about well management techniques. ✓ Loan a video from the MDH addressing private well maintenance which may be shown to local government, or groups of well owners. ✓ Show the video on a local cable station. ✓ Create a video and show it through a local cable company. ✓ Develop news releases which can be used in newspaper articles, or as public service announcements. J ✓ Create newsletter articles about proper well management, and have them released in local or statewide newsletters. ✓ Develop a newsletter specifically for landowners in the WIT area which highlights well management practices. ' ✓ Include information on wells in existing newsletters. REVIEW DRAFT ✓ Set up a permanent display at a location where community members frequently visit. ✓ Use a display at a seasonal event. i • Contact well owners in a WHP area to educate them directly. • Present well management information to county boards, city councils, and township boards. l • Sponsor special events such as "A Welcome to Wellhead Protection. " • Arrange a tour that demonstrates proper well management. • Participate in local youth education days and promote WIIP awareness. • Collaborate with other local resource agencies (such as local water planning) in promoting WHP. Services: ✓ Send annual reminder notices to well owners reminding them of proper well maintenance. • Conduct an annual visit to insure that proper well management techniques are being practiced. k • Pay to replace damaged or missing sanitary well seals. , • Cooperate with the county health department in sampling of water supply wells within WHP areas. ✓ Assist well owners with collecting well water samples td insure that this is done correctly. ✓ Be involved in coordinating local efforts to properly sear unused wells. ✓ Assist well owners with obtaining funding for well sealing. • Institute a program for evaluating the condition of wells.' • Review well records contained in the County Well Index and county water plans to target wells for reconstruction or sealing. ✓ Review water connection information to identify propen4es that are not served by the public water supply system to identify wells, which may,need to be reconstructed or sealed. • Review building permits to identify homes or businesses' that were supplied by a well when they were first connected, to further identify wells., I • Identify businesses or homes that existed before the watr distribution system was constructed or extended into that part of town to further identify wells. ✓ Mail a survey to residents to determine the status of well in the WHP area. ✓ Conduct a drive- through survey to identify wells in the WHP area. ✓ Conduct a house -to -house survey to identify wells in the WHP area. ✓ Conduct compliance inspections. ✓ Contact the MDH when wells are found which are obvious health and safety hazards. ✓ For inadequate well conditions that pose less immediate 'hazards, pass along to the well owner information on the risks of such conditions and possible solutions. v/ Monitor planning and zoning activities that may affect the WHP area. • Request notification of proposed land uses that may result in the installation of wells in the WHP area. • Work with local planning and zoning commissions to address wells that do not meet the construction standards specified in the state Well Code. ✓ Evaluate the water quality testing results of wells withinf he WHP area to identify potential problems. ✓ Use well owner surveys or request well sealing records on file at the MDH to monitor REVIEW DRAFT behavior changes within the WHP area to determine if best well management practices are being adopted. • Request that MDH inform you when permits are granted , for new wells or maintenance of unused existing wells, when existing wells are disclosed as a result of property transfer, or abandoned wells are sealed within the WHP area. • Financially assist well owners to insure that wells are properly installed, upgraded, maintained, or sealed. • Act as an information and referral resource to identify existing sources of financial assistance such as grants, loans, and cost -share programs. • Seek funding for the community to provide financial assistance to well owners. • Create a city -owned fund that would provide cost sharin For loans to well owners. • Consider buying certain wells that are strategically located for groundwater monitoring or pose a threat of funneling contaminants to the aquifer use by the public water supply. • Pay for the sealing of certain well's and the connection to;1the public water supply system. ✓ Offer tax credits or utility bill credits for homeowners and businesses within the WHP area that upgrade their wells or demonstrate proper operation and maintenance. Regulation: ✓ Require that all property owners within the area under jurisdiction connect to the public water supply and disconnect their, well from the home plumbing system to prevent cross - connection. Public Education: A Menu of Management Ideas for Wellhead Protection Programs Education: • Sponsor a workshop to educate property owners on the City's Wellhead Protection Plan. • Work with Minnesota Department of Health (MDH) and Minnesota Rural Water Association (MRWA) to schedule experts who can serve as trainers at these workshops. ✓ Use a packet containing pamphlets and other printed information to inform property owners about Wellhead Protection management techniques. ✓ Obtain a video from the MDH or, MRWA, which may be shown, to local government, or groups of property owners. ✓ Show the video on a local cable station. ✓ Create a video and show it through a local cable company. ✓ Develop news releases, which can be used in newspaper articles, or as public service announcements. ✓ Create newsletter articles about proper wellhead protection, and have them released in local or statewide newsletters. ✓ Develop a newsletter specifically for landowners in the WHP area. ✓ Set up a permanent display at a location where community members frequently visit. ✓ Use a display at a seasonal event ✓ Contact each property owner in a WHP area to educate him or her directly. REVIEW DRAFT • Present wellhead protection information to county boards, city councils, and township boards. • Sponsor special events such as A, Welcome to Wellhead Protection @. ✓ Arrange a tour that demonstrates proper management techniques. ✓ Create a children's water festival for 4 th graders, with hands -on activities. ✓ Offer water plant tours on a regular basis, or during nati Aal water week. ✓ Obtain a groundwater model and arrange to have demonstrations at local schools, churches, service clubs, fairs and other public activities. ✓ Develop a slide or overhead presentation for local groups. 1 L Services: ✓ Send annual reminder notices to property owners reminding them of proper wellhead protection management techniques. ✓ Cooperate with the county health department in sampling of water supply wells within WHP areas. ✓ Assist private well owners with collecting well water saaples to insure that this is done correctly. Regulation: ✓ Require that all property owners within the area under jurisdiction connect to the public water supply and disconnect their well from the home plumbing system to prevent cross - connection. Data Collection: Management Ideas for Wellhead Protection P. ✓ Improve knowledge of local groundwater and surface water characteristics by continuing monitoring of water resources within or near the DWSMA. ✓ Develop a data base for recording and reporting water resource data collected from the monitoring wells and stations. ✓ Encourage additional research pr j ects regarding local/regional groundwater resources. ✓ Obtain and analyze water samples from a representative sampling of wells within the DWSMA on a regular basis and measure static water levels where possible. ✓ Monitor for tritium in the public water supply system wells on a 5 -year basis. ✓ Collect and tabulate additional data relative to local groundwater in order to augment and improve current knowledge of local conditions and to provide additional, more accurate, data for future revisions of the public water supply system's WHP Plan. 0 W DRAFT SIX EVALUATION PROG The success of the wellhead pi order to determine whether the plan is do. The following activities will be it ➢ Track the implernentatior ➢ Determine the effectiven( protection of the public v ➢ Identify possible changes effectiveness; and ➢ Determine the adequacy c the management strategic 1) The City of Otsego will continue in the annual monitoring of the v strategies are having a positive eJ arise that must be addressed. 2) Members of the wellhead protect drive through the drinking water any changes in land use or potent may adversely impact the public 3) The wellhead protection team wi annual meeting, to review the res plan year and identify, discuss wl additional strategies for the comi: 4) The wellhead protection plan mar council regarding progress in im objectives of this Plan. The annu overall progress in implementing protection plan is updated in 10 5 Department of Health Sourcewat be placed in the City's Wellhead (4720.5270) ction source management program must be evaluated in ually accomplishing what the City of Otsego set out to ,mented to: of the objectives identified in Chapter 5 of this Plan; >s of specific management strategies regarding the iter supply; o these strategies which may improve their f financial resources and staff availability to carry out planned for the coming year. .o cooperate with the Minnesota Department of Health iter supply to determine whether the management 'ect and to identify water quality problems that may on team, City Council, and the WHP plan manager will ,upply management area on a regular basis to identify al contaminant source management practices which vater supply. I I meet on an as- needed asis, with a minimum of one alts of each strategy implemented during the previous ether modifications are kneeded for those strategies, and Lg plan year. ager will make an annual written report to the city Aementing the wellhead protection management it reports will be compiled and used to review the source management strategies when the City's wellhead ,ars. A copy of the report will be sent to the Minnesota ;r Protection Unit in St. Paul, MN and another copy will Protection file REVIEW DRAFT CHAPTER SEVEN ALTERNATIVE WATER SUPPLY; CONTINGENCY STRATEGY. (4720.5280) The City of Otsego's WATER SLIPPY approved by the MnDNR. Division of plan contains the required elements of 1 equivalent to an Alternative Water Sup Implementation of the Plan has begun management agencies. A copy of the P contacting Judy Hudson, City Cleark. DNSERVATION PLAN has been submitted and hers, Appropriation Permit Program. This approved MN Wellhead Protection Rule and is accepted as an dContingency Plan as defined in 4720.5280. h the aid and assistance of local emergency 1 is available for review at Otsego City Hall or by 32 REVIEW DRAFT CHAPTER SEVEN WATER SUPPLY CONTINGENCY PLAN (4720.5280) i WATER SUPPLY CONTINGENCY PLAN LAKE WOEBEGON, MINNESOTA L INDEX A. PURPOSE B. PUBLIC WATER SUPPLY CHARACTERISTICS 1. Current Supply Source 1 2. Treatment 3. Storage and Distribution 4. Maps and Plans C. PRIORITY OF WATER USERS DURING WATER SUPPLY EMERGENCY D. ALTERNATIVE WATER SUPPLY 1. Surface Water Sources and Treatment 2. Bottled Water { 3. System Interconnects 4. Other Alternative Water Resources E. INVENTORY OF AVAILABLE EMERGENCY EQUIPMENT AND MATERIALS F. EMERGENCY IDENTIFICATION PROCEDURES G. NOTIFICATION PROCEDURES 1. Agency Contact List 2. Critical Response Personnel 3. Public Information Plan H. MITIGATION AND CONSERVATION PLAN 1. Mitigation 2. Conservation Dlon 71ic4rihn *inn Person Organization Plan Location 1 Prepared by: Date Approved: 33 REVIEW DRAFT A. PURPOSE i The purpose of this Contingency Plan is to establish, provide ands keep updated, certain emergency response procedures and information for the City of Otsego, MN, which may become vital in the event of a partial or total loss of public water supply services. I B. PUBLIC WATER SUPPLY CHARACTERISTICS 1. Current Supply Source (Describe in brief general terms the current publ ► w ater supply, including source, pumping details, storage, treatment, distribution. and p:roblerns.) 2. Treatment I (Describe current public drinkin g water treatment needs, procedures and methods.) 3. Storage and Distribution (Describe current water storage and distribution system information.) 4. Maps/Plans (Describe actual location and description of water system plans and maps) W,I Well Number Well Number Well Number Well Number Supply Source k Well Depth (ft.) Well Diameter (in.) Latitude of Well �. Longitude of Well Well Capacity ( m) Well Production ( m) 2. Treatment I (Describe current public drinkin g water treatment needs, procedures and methods.) 3. Storage and Distribution (Describe current water storage and distribution system information.) 4. Maps/Plans (Describe actual location and description of water system plans and maps) W,I REVIEW DRAFT C. PRIORITY OF WATER USERS DURING WATER SUPPLY EMERGENCY (Describe current water supply demand by user categories (including maximum and mininrun.l daily consumption.), list priorities for demand reduction by uses category, and indicate triggers that would implement water demand reduction or allocation procedures.) T..l.le !`_1 VUn +nr TTc Vw;nA r_'rminina Priority Groupand Rank Maximum daily use d Minimum daily use d Residential -41 Institutional -42 Commercial -43 Industrial -44 Irrigation -45 Unaccounted Wholesale Triggers for implementing water supply reduction /allocation procedures: D. ALTERNATIVE WATER SUPPLY OPTIONS (Select appropriate options; include detailed information, i.e., names, telephone contact number, address or location, response tim'es etc.) 2. Bottled water supplies, delivery and distribution. I 3. System interconnects with other water supplies. 4. New well. 5. Emergency or backup wells. 6. Emergency treatment of water system. 7. Source Management (blending). 8. Other D. INVENTORY OF AVAILABLE EMERGENCY EQUIPMENT AND k 35 REVIEW DRAFT MATERIALS Table E -1 contains a list of services, equipment and supplies,that are available to the City Otsego to respond to a disruption in the water system. It is believed that the items contained in Table E -1 would be adequate to respond to most (if not all.) water system emergencies. Tahip F,_1 Description Owner Telephone Location Acquisition Time Well Repair Pump Repair Electrician �4 Plumber f Backhoe Chemical Feed Meter Repair I Generator Valves Pipe & fittings 36 REVIEW DRAFT E. EMERGENCY IDENTIFICATION PROCEDURES Tnhle F -1 Procedural nnerations Incident Responsible Party Address Telephone #(s) Response Procedure Comments Identify Disruption Primary: Alt: Notify Response Primary: Personnel (Coordinator) Alt: Identify Incident Primary: Direction and Control Alt: Identify Internal Primary: Communication Alt: Inform Public Primary: Alt: Assess Incident on Primary: Continual Basis Alt: Assess Pr im_ ary: "C4tamination' — Disruption Alt: Assess Mechanical Primary: Disruption Alt: Provide Alternate Primary: Water Supply Alt: Impose Water Use Primary: Restrictions Alt: 37 REVIEW DRAFT G. NOTIFICATION PROCEDURES 1. Agency Notification Table G -1 contains the names and telephone numbers for contacts at various local and state agencies that may be notified in the event of an public water supply system emergency. Based on the nature of the emergency and the information available, various representatives from this listing will be selected by the response coordinatorito be part of the emergency oversight committee which will then meet throughout the duration of the emergency to aid in decision - making and positive outcomes. Table G -1. Agency Emergency Contact Listing Personnel Name Home Tel .e hone Work Telephone Mayor/Board Chair Council Members Council Members .. ........ Council Members Council Members Response Coordinator ft Alt. Response Coordinator State Incident Duty Officer County Emergency Director Fire Chief 4 Sheriff (•. Police Chief System Operator L Alt. System Operator L School Superintendent I Ambulance Hospital Doctor or Medical Facilitylw Power Compan Highway Department Telephone Company :.. Neighboring Water System ►w MPCA Groundwater Division MRWA Technical Services MDH District Engineer MDH Sourcewater Protection (Include samples ofEmergency Notification Reel :rts, Chemical. Incident Reports wid other state /local. information forms). 1.. REVIEW DRAFT 2. Critical Response Personnel Tnhle G -2 Title Name Address Telephone Response Assignment Response Coordinator Alt. Response Coordinator Water Operator 1 Alt. Water Operator Public Relations Alt. Public Relations Public Health/Medical Alt. Public Health/Medical Public Information Plan (Describe community /system public information :procedures, including name of responsible person, procedures, location, times, etc.). A. Public relations center Public Information Center Location during Emergency Times Available B. Information checklist to be conveyed to the public and media Name of water system Contaminant of concern and date 39 REVIEW DRAFT Source of contamination Public health hazard .1 Steps the public can 1 take Steps the water system is taking Other information C. Media Contacts i Media Name Telephone Address Newspaper Television Radio Shopper Other G. MITIGATION AND CONSERVATION PLAN 1. MITIGATION (The Community's Water Supply Contingency Plan must include information identi.fyi.n.g ways to .reduce the vulnerability of the. ater supply system to disruption and to improve the Community's response capabiliities. Choose appropriate options; include detailed. information, i.e., names, actions taken., scheduled ti.m.es, etc.) a. Infrastructure maintenance /upgrades /maps r b. Regular inspection of tower, well, pump house L. c. Staff emergency training d. System security analysis e. Site new backup well i 40 REVIEW DRAFT f. System valving to isolate problems g. Sanitation procedures for construction/ repairs h. Other 2. CONSERVATION (Include information. describing Community efforts to reduce the amount of water used by it's residents, businesses and industry) a. Water Meters b. Public Education c. Rate structure d. Other 'I 41 REVIEW DRAFT APPENDIX A Comment: All data used in addressing the topics in Part II must tie compiled here. Also, include all letters of correspondence here. REFERENCED DATA FOR PART 2 i Required Exhibits: WHPA/DWSMA map (should be located in the body of the Plan after the Executive Summary before Chapter 1). Located well map Data elements listed in the MDH Scoping 2 notice as "Submit to MDH" Recommended Exhibits: List of LUG's on notification list • List of WHP Committee members References used in the Plan development Copies of City Ordinances that address wells Others 42 REVIEW DRAFT 43 n rrEm 9- COURI, MACARTHUR & RUPPE, P.L.L. P. Michael C. Court- Attorneys at Law j Andrew J. MacArthur 705 Central Avenue East Robert T. Ruppe -• PO Box 369 David R. Wendorf St. Michael, MN 55376 -0369 i Kristen H. Carr (763) 497 -1930 *Also licensed in Illinois (763) 497 -2599 (FAX) "Also licensed in California courimacanhur @earthlink.net January 20, 2005 City Council Members 1 City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE 1 Otsego, MN 55330 RE: Revised Agreement with CITESCAPE Dear Council Members: Enclosed please find a revised Agreement with CITESCAPE relative to placement of antenna facilities on the City's west water tower. I met withi a representatives of CITESCAPE and Council Member Heidner to further discuss the agreement. It was clarified that CITESCAPE intends to construct one mast anA three antennae. It was determined that in order to be consistent with the rent established for previous approvals that $125.00 per month per antenna would be the appropriate amount. L The major change in the Agreement is Exhibit C related to facility access. The revised Exhibit requires that either a City representative or someonhrom People's is present at all times that CITESCAPE has access to the water tower sites. It is my understanding that a representative of CITESCAPE and Council Member Heidner will both be present to answer questions at the City Council meeting on Monday evening. Z trul Very J. 1v Arth COURI, MACARTHUR & RUPPE, PLLP cc: Ron Wagner, City Engineer ANTENNA SITE USE AGREEMENT THIS AGREEMENT, is made by and between the CITY OF OTSEGO, State of Minnesota, hereinafter referred to as the "CITY ", and CITESdAPE, LLC, a Minnesota Corporation, hereinafter referred to as "CITESCAPE "; WHEREAS, the CITY owns, operates and maintains a iwater tower "Tower" on premises owned by the CITY, said premises being described as (See attached Exhibit A), hereinafter referred to as "Site" and/or "Property"; and WHEREAS, because of the Tower's location and capacity for antenna mounting, it is a desirable wireless communications transmitting and receiving site; and WHEREAS, CITESCAPE desires to construct a commercial wireless communications system and believes that the placement of communications equipment on said Tower at said Site will contribute importantly to said system, and CITESCAPE has requested permission to do so from the CITY; NOW THEREFORE, in consideration of the mutual undertakings and agreement hereinafter set forth, the CITY and CITESCAPE agree as follows: 1. The primary purpose of the City's ownership of the Property is to: (a) operate and maintain a municipal water tower so as to provide water' service to residents of the City of Otsego; and (b) to provide governmentally related communication systems for the City of Otsego. Subject to the following terms and conditions of this Agreement, the CITY grants to CITESCAPE non - exclusive use of a certain space upon said Water Tower, subject to any and all existing easements and restrictions not inconsistent with the rights granted in this Agreement, including the installation, operation, and maintenance of the antenna and the storage of the equipment. The location and o rientation of CITESCAPE equipment on the Tower and Site is as set forth on the attached Exhibit B, which is incorporated herein by thig reference. 2. OPTION A. Grant of Option, Consideration CITY, for and in consideration of five - hundred dollars ($500.00), the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto CITESCAPE, its successors and assigns, an option (the "Option ") to lease the Site upon the terms and conditions set forth herein. B. Option Period: Exercise of Option. The term of the Option (the "Option Period ") shall commence as of the Effective Date and end thirty (30) days thereafter. Tenant may, in its sole discretion, extend the Op` ion Period by thirty (30) additional days by providing CITY with written notice prior to the expiration of the original Option Period and by simultaneously paying CITY the sum of ($340.00). CITESCAPE may exercise the Option at any time during the Option Period by delivering written notice thereof to CITY. Upon CITESCAPE exercising the Option, Section 1 through 4 of this Agreement shall merge into a lease subject to the terms and conditions set for in Section 5 through 37 of this Agreement (the "Lease "). Such notice shall specify the date upon which the Lease Term (as defined below) shall commence (the "Lease Commencement Date "), which shall occur no later than ten (10) days following the date of CITESCAPE's exercise notice (the "Exercise Date "). In the event that CITESCAPE has not exercised the Option on or,before the expiration of the Option Period, this Agreement shall terminate and the parties shall be relieved of any further obligations hereunder, except for those that, by their terms, survive the termination of this Agreement. The intent ofithis Option clause is to allow CITESCAPE a reasonable time period to determine whether the equipment will operate property on the Water Tower. In the event that CITESCAPE does not exercise its option, all equipment shall be removed from the Tower and any and all repairs shall be made to leave the Water Tower in the same condition as before any installation or use by CITESCAPE. 3. TERM This Agreement shall be for an initial term of two (2) years beginning on the date executed by the CITY. After the initial term, the CITY and COMMUNICATION'S COMPANY may negotiate for an extension of this Agreement. 4. CONSTRUCTION CITESCAPE shall be responsible for any and all costs and expenses related to the design, purchase, delivery, construction and installation of any and all equipment necessary for CITESCAPE's use of the CITY Site and Tower including installation of telephone service and adaptation of the Tower's existing electrical service for CITESCAPE's use under the terms of this agreement. CITESCAPE's installation shall be constructed in conformance with design specification approved by the CITY pursuant to Exhibit B attached hereto. CITY shall cooperate with CITESCAPE and execute all documents required to permit CITESCAPE's intended use of the Site in compliance with zoning, land use, and building regulations. 5. RENTAL FEES A. The site use fee through the term of the Agreement shall be $340 125.00 per month per each antenna attached to the Tower during the first year of the Agreement. Initially CITESCAPE will install one (1) mast with three (3) antennae for a total monthly rental of $375.00. The site use fee shall be increased 2 • 1 by 5% each year. Additional antennas may be installed upon approval by the CITY and proper amendment to this Agreement. B. CITESCAPE will initially install ' aiiteiin R one (11) mast and three (3 ) antennae CITESCAPE prior to the installation of additional antennas shall, in accordance with Paragraph 8W and 9A of this Agreement, provide the CITY with a detailed technical plan of the new site(s), which must be approved by the CITY pursuant to Paragraph 89A and 5A. Such approval shall not be unreasonably withheld or delayed. Said technical plan shall be attached hereto and incorporated herein as an addition to Exhibit B. C. CITESCAPE shall install and connect to its existing electrical service. CITESCAPE shall be responsible for the payment t of all electrical utility bills. D. The CITY and CITESCAPE may also negotiate lcharges for other services and installations, not set forth in Exhibit B, by an addendum to this Agreement. E. As provided in paragraph E above, the CITY and CITESCAPE may, agree to the installation of additional equipment at separate rates, which when agreed to and set forth in writing by the parties shall become an additional payment amount made by CITESCAPE to the CITY. F. Site Use Fees due to CITY shall be paid by CITESCAPE in advance in four quarterly installments beginning upon execution of this Agreement by both parties hereto and thereafter on the First (1") business day of each calendar quarter, i.e., Jan. 1; April 1; July 1; and Oct. 1. The amount of the first quarterly payment shall be prorated for the number of calendar days remaining in the calendar quarter at the time of execution of this Agreement by both parties hereto. Payments will be paid by check or may be wired directly in' the CITY'S bank account in accordance with written wiring instructions provided by CITY to CITESCAPE. Payments made by check to the CITY shall be mailed to the CITY as follows: City of Otsego Attention: City Administrator 8899 Nashua Avenue NE Elk River, MN 55330 6. GOVERNMENTAL APPROVAL CONTINGENCY CITESCAPE's right to the use of the Site is expressly made contingent upon CITESCAPE obtaining all necessary certificates, permits, zoning or other approvals that may be required by the City, County, State, or Federal governments for use of the CITESCAPE equipment, antennas, utilities, etc. CITY;lagrees to cooperate with CITESCAPE and other governmental units to obtain all such approvals. In the event that any certificate, permit, license or other approval required or issued is not approved or is subsequently cancelled, expires, lapses or is otherwise withdrawn or terminated by any governmental authority, not due to any act or omission by CITESCAPE so that CITESCAPE is unable to use the Site for its intended purpose, then CITESCAPE shall contact the City and request termination of this agreement, which may be terminated at the sole discretion of the CITY. 7. USE A. CITESCAPE may use the Tower and Site for the sole purpose of constructing, installing, removing, replacing, maintaining and;,operating a commercial wireless communications transmission facility in accordance with Exhibit R. B. Subject to the provisions of Exhibit C (Site Access Procedures) attached hereto, CITY shall provide CITESCAPE with twenty -fo (24) hour, seven (7) day a week, year -round access to the Site subject to the City's right to limit access to the Tower in cases of emergency or at times when the City is conducting repairs or maintenance on the Water Tower. The City shall use reasonable efforts to minimize the disruption of CITESCAPE's access to the Tower, in responding to any such emergencies and performing such maintenance and repairs. The City will be entitled to reimbursement from CITESCXPE if the City incurs any costs associated with providing CITESCAPE access to Water Tower, Property or Equipment Shelter except in those cases where cost is incidental to City obtaining access for its own purposes unrelated to CITESCAPE's use of antenna, Tower and Equipment Shelter. Notwithstanding the fo egoing, "access" does not require or impose upon the City an affirmative duty to snowplow in order to provide "access" to the Property or to the Tower. The City shall not be responsible in damages or otherwise for interruption in CITESCAPE services where the interruption is due to an emergency ork' performance of maintenance and repairs on the Tower. i C. CITESCAPE, its agents and contractors are hereby granted the right, at its sole cost and expense, to enter upon the City's Site and conduct such studies as CITESCAPE deems necessary to determine the Site's suitability for CITESCAPE's intended use. These studies may, include surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as CITESCAPE deems necessary or desirable. Notwithstanding the foregoing, CITESCAPE shall not enter onto the Site or Tower to perform any necessary studies r tests referenced above until such time as CITESCAPE has obtained prior written approval of the CITY, such approval not to be unreasonably withheld or delayed, and obtained and provided to the CITY an acceptable Indemnification Agreement and Certificate of Insurance in compliance with Paragraph 15 of this Agreement 4 i D. CITESCAPE may operate, drive and temporarily park vehicles of any kind on .said Site in order to transport equipment, supplies, materials and personnel in connection with the accomplishment of any or all of the foregoing purposes. E. CITESCAPE may temporarily store equipment, materials or supplies on said Site in order to accomplish any or all of the foregoing purposes. F. CITESCAPE may install utilities including, but not limited to, telephone service, for the benefit of CITESCAPE, at CITESCAPE ; s sole cost and expense, and make improvements to the present utilities on the Site. CITESCAPE may request utility easements for the installation of such facilities. Such requests shall be made by CITESCAPE in writing to the CITY, which approval shall not be unreasonably withheld. CITESCAPE shall coordinate any such utility installation or improvements, in advance, with the CITY in accordance with the terms of this agreement and Exhibit C attached hereto. CITESCAPE shall be responsible to pay all installation and recurring charges for utilities installed or improved for the benefit of CITESCAPE except or recurring monthly electrical charges as provided in paragraph 4(D) of this agreement. G. CITESCAPE may have ingress and egress over,,!across, upon and through said Site in order to accomplish any or all of the aforesaid purposes. Any access easements rented to CITESCAPE shall terminate upon termination of this Antenna Site Use Agreement and CITESCAPE agrees to execute any and all documents necessary to remove the easement from the Property. H. The color of the antenna and any equipment placed on the Tower shall match the color of the Tower. I. CITY will not in any way be responsible for the antenna, the related equipment, or any personal property actually placed on the Property or installed on the Tower by CITESCAPE. .1 J. The antenna and the related equipment shall remain the property of CITESCAPE, subject to the terms of Paragraphs 7 and 8. 8. INSTALLATION OF EQUIPMENT AT ADDITIONAL SITES Additional sites may be added to this Agreement by written addendum mutually agreed to by CITY and CITESCAPE. CITESCAPE shall, in accordance with Paragraph 9(A) of this Agreement, provide the CITY with a detailed technical plan of the new site(s); I kwhich must be approved pursuant to Pafagfaph the same Para raph before execution ofthat site's addendum. Said technical plan shall be attached hereto and incorporated herein as Exhibit B. The CITY shall, in accordance with Paragraph 11 of this Agreement, provide CITESCAPE with detailed site access procedures for the new site. These procedures will be attached hereto and incorporated herein as Exhibit C. i All terms and conditions of this Agreement and any subsequent attachments shall apply to any and all new sites added to this Agreement unless specifically modified by written addendum. 9. CITESCAPE CONDITIONS This use is granted subject to the following conditions A. CITESCAPE shall submit to the CITY a detailed technical site plan, including location of utilities, equipment placement drawings, frequencies, ERP calculations, and antenna wind load calculations, which must be approved by the CITY prior to execution of this Agreement' by CITY. Said technical site plans and specifications shall be incorporated herein as Exhibit B. B. CITESCAPE shall not make any Material Modifications or changes to its equipment, beyond those approved in Exhibit B, on the Site or Tower without the prior written approval of the City, such approval not to be unreasonably withheld or delayed. Material Modifications shall be defined as an increase in the outdoor equipment footprint or adding any I attachments to the Tower, or an increase in the number of antennas, or an increase in the antenna wind loading, or an increase in total effective radiated power or changes in operating frequencies. C. All attachments to the Tower shall be made in 'a professional manner and subject to approval of the City, such approval not to be unreasonably withheld. No modifications may be made on the Tower, nor shall any Tower bolts be removed or replaced without the approval of the City. D. All items of CITESCAPE equipment as listed � In Exhibit B shall p rovided be and paid for by CITESCAPE. CITESCAPE shall be solely responsible for the installation, maintenance and repair of CITESCAPE equipment during the term of this Agreement and any extensions. k. E. CITESCAPE shall maintain the antenna and equipment in good condition at all times, at its sole cost and expense. CITESCAPE shall conduct all repair, replacement and maintenance operations in accordance with applicable OSHA regulations or such other occupational and safety regulations pertaining to such operations. Every five (5) years from the commencement date of this Agreement, CITESCAPE shall have the antenna, related equipment and Tower inspected by a Registered Civil Engineer and provide the City with a copy of the inspection report. If CITESCAPE fails to do so, and such failure creates a 6 '� i risk of damage or injury to persons or property as determined in the reasonable discretion of the City), the City may take such steps as it determines to be necessary to protect persons or property; including removal of the antenna and related equipment. CITESCAPE shall reimburse the City for any costs incurred in connection with assuring compliance with the provisions of this paragraph; including any attorneys, engineer's or expert fees, administrative expenses and costs of restoring the Tower and the Property to their original condition. If CITESCAPE fails to pay the CITY for such colts within thirty (30) days of a demand by the CITY for payment, the CITY at,Vts election may terminate this Agreement and retain the total payment of the current years rent. These remedies are nonexclusive, and the CITY expressly reserves its rights to pursue any and all available legal or equitable remedies. F. All CITESCAPE and all CITY radio communications equipment which now exists on said Tower or which may be placed at the Site shall be installed, operated and maintained in accordance with ally applicable rules and regulations established by Federal Communications Commission (FCC). G. CITESCAPE shall separately meter and pay all utility services that are associated with the use of the Property and the .Tower. The City agrees to cooperate with CITESCAPE in its efforts to connect the antenna and related equipment to existing utility service at CITESCAPE's expense. The City makes no representation or warranty regarding the availability of electric or other utility service to the Tower. CITESCAPE shall have the right to install utilities, at CITESCAPE's expense, and to improve the present utilities on the Property. The City shall not be liable, and CITESCAPE waives any and all claims against the CITY, for any interruption of electrical or other utility services to the Property, Antenna or Equipment Shelter. I H. CITESCAPE shall cooperate with CITY and execute all documents required pursuant to this Agreement or to permit CITESCAPE's intended use of the Site in compliance with zoning, land use, and building regulations. 1- I. CITESCAPE shall not resell, sublease, broker or otherwise permit use of space or capacity on the Site or Tower by others except as provided for in Paragraph 24 of this Agreement. J. No advertising of any kind shall be permitted on the Tower or Site. 10. RF EMISSIONS AND HARMFUL INTERFERENCE I In all cases, governmental systems shall have the right t� operation without being subjected to harmful interference or interruptions from commercial users at the Site. CITESCAPE shall not use, nor shall CITESCAPE permit its employees or contractors to use the Tower or Site in any way which causes harmful. interference or interruptions to 7 the operation of governmental communications equipment which maybe installed at the Site, or results in radio - frequency radiation exposure levels at, or adjacent to, the Site to be in excess of the limits specified in 47 C.F.R. § 1.1310, as amended. CITESCAPE and CITY shall promptly make any necessary adjustments or repairs should their equipment, due to maladjustment, defects or failures, cause harmful interference to other radio communications equipment A the Site, or result in radio - frequency radiation exposure levels at, or adjacent to, the Site to be in excess of the limits specified in 47 C.F.R. § 1.1310, as amended. Assignment of responsibility for excessive radio - frequency radiation exposure levels at, or adjacent to, the Site, or harmful interference not due to equipment maladjustment, defects or failures shall be in accordance with the following: i i A. Commercial users shall bear primary responsibility to rectify excessive radio - frequency radiation exposure levels at, or adjacent to, the Site, or harmful interference caused by their equipment, or a combination of their equipment, to governmental systems at the Site. IL B. Governmental system users shall bear secondary, responsibility to rectify excessive radio - frequency radiation exposure levels at, or adjacent to, the Site, or harmful interference caused by their equipment to commercial users at the Site. C. The commercial user with the most recent installation or modification shall bear primary responsibility to rectify excessive radio -frequency radiation exposure levels at, or adjacent to, the Site, or harmful interference caused by that installation or modification to pre - existing commercial users. Pre - existing commercial users shall bear secondary responsibility to rectify such excessive radio- frequency radiation exposure levels at, or adjacent to, the Site, or harmful interference caused by their equipment to the commercial user with the most recent installation or modification. Primary responsibility shall be defined as providing essentially all necessary analysis, measurements, testing and engineering to determine the cause of, and solution to, excessive radio- frequency radiation exposure levels at,.�or adjacent to, the'Site, or harmful interference. The user with primary responsibility shall make all necessary and reasonable changes, at their sole expense, to their system; i.e. antenna location, frequencies, ERP, transmitter filtering, etc. to rectify the excessive radio - frequency radiation exposure levels at, or adjacent to, the Site, or harmful interference. Secondary responsibility shall be defined as full cooperation with the user bearing primary responsibility, and providing reasonable supplementary analysis, measurements, testing and engineering to determine the cause of, and solution to, excessive radio- frequency radiation exposure levels at, or adjacent to, the site, or harmful interference. The user with secondary responsibility shall make all reasonable changes to their system necessary to rectify the excessive radio - frequency radiation exposure levels at, or 8 adjacent to, the site, or interference, at the expense of the user with primary responsibility, that do not materially adversely affect pOI formance of their system. CITESCAPE shall provide the CITY with a copy of any Routine Environmental Evaluations, Environmental Assessments, or other technical information regarding compliance with radio - frequency radiation exposure levels at the Site that are required to be submitted to the FCC pursuant to 47 C.F.R. §§ 1.1`307 and 1.1310, as amended. 11. ACCESS CITESCAPE shall adhere to all Site access procedures as described in Exhibit C, attached hereto and incorporated herein by this reference. All Site access procedures or modifications must be approved by and coordinated with the CITY which has primary use and control of the Site. 12. RELOCATION OF CITESCAPE EQUIPMENT The CITY reserves the right to require relocation of CITESCAPE equipment elsewhere upon the Tower or the Site based on a reasonable determination by the CITY that space or capacity occupied by CITESCAPE on the Tower and/or Site is needed for governmental uses. Upon written notice by the CITY, �CITESCAPE shall relocate said equipment to another location on the Tower and/or Sitei acceptable to the CITY within ninety (90) days, and CITESCAPE shall bear the sole expense of said relocation. Refusal or inability of CITESCAPE to relocate its equipment to a suitable,! location shall constitute default and shall be grounds for cancellation Vf this Agreement pursuant to Paragraph 26 of this Agreement. 13. TOWER MAINTENANCE The CITY agrees to maintain the Tower in accordance (with all local, state and federal rules and regulations. 14. DAMAGE TO SITE If the Site or Tower are damaged or destroyed by acts of nature, fire or other casualty and CITESCAPE equipment becomes inoperable as a result thereof, or access to the Site for purposes of required repair, maintenance, replacement, removal, installation, change, etc., is unavailable due to said acts of nature, fire or other casualty, the CITY may elect to: (a) Terminate this Agreement upon thirty (30) days notice to CITESCAPE and pay CITESCAPE the remaining balance of any pre -paid quarterly Site Use Fee; or (b) To have repaired, restored or rehabilitated the Site o r Tower at no expense to CITESCAPE. CITESCAPE's rent payments shall be abated until the Site or Tower is 9 sufficiently repaired, restored, or rehabilitated for CITBSCAPE to resume its use of the Tower and Site under this Agreement. (c) In case of such destruction of or damage to the Site or Tower, CITESCAPE shall also have the right to terminate this Agreement upon thirty (30) days notice to CITY, and receive the remaining balance of any pre -paid quarterly site Use Fee on a pro -rated basis. i The CITY shall not be responsible to CITESCAPE for damage or destruction of CITESCAPE equipment or other personal property in, on, or about the Site or Tower unless caused by the negligent or willful acts of the CITY, its agents, contractors or employees. 15. INDEPENDENT CONTRACTOR CITESCAPE shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties hereto or as constituting CITESCAPE as the agent, representative, or employee of the CITY for any purpose or in any manner whatsoever. CITESCAPE is to be and shall remain an independent contractor with respect to all services performed under this Agreement. CITESCAPE represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of CITESCAPE or other persons while engaged in the performance of any work or services required by CITESCAPE under this Agreement shall have no contractual relationship;with the CITY, and shall not be considered employees of the CITY. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf 'of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against CITESCAPE, its officers, agents, contractors, or employees shall in no way be the responsibility of the CITY. Unless caused by the CITY's negligence or willful misconduct, CITESCAPE shall defend, indemnify, and hold the CITY, its officers, agents, and employees harmless from any and;iall such claims including, but not limited to, payment of all necessary costs, disbursements and attorney's fees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the CITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re- employment Insurance, disability, severance pay, and Public Employees Retirement Association benefits. I 16. INDEMNIFICATION AND INSURANCE A. CITESCAPE agrees to defend, indemnify, and hold harmless the CITY, its elected officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, 10 including costs, disbursements and attorney fees; resulting directly or indirectly from any act or omission of CITESCAPE, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of the failure of said CITESCAPE to perform fully, in any respect, all obligations under this contract. B. CITESCAPE agrees at all times during the term of this Agreement, and beyond such term when so requested, to have and keep in force insurance, either under a self - insurance program or separate insurance policy, as follows: (1) Commercial General Liability shall list the City of Otsego as an additional insured with the following insurance limits: Limits General Aggregate $1,000,000 Products - Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,000,000 (2) Automobile Liability — Combined single limit each occurrence for bodily injury and property damage covering owned, non -owned and hired automobiles - $1,000,000 (3) Workers' Compensation and Employer's Liability: Limits (a) Workers' Compensation: I Statutory If the Contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. Limits (b) Employer's Liability Bodily injury by: Accident - Each Accident $100,000 Disease - Policy Limit $500,000 Disease - Each Employee $100,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance amounts. The above establishes minimum insurance requirements. It is the sole responsibility of CITESCAPE to determine the need for and to procure 11 additional coverage that may be needed in connection with this Agreement. CITESCAPE shall not commence work on the Site, or otherwise occupy the Tower or Site until it has obtained required insurance and filed an acceptable Certificate of Insurance with tl e CITY. The Certificate shall: (a) List CITY as Certificate holder land as an additional insured with respect to operations covered ;under the contract, for all liability coverage's, except Workers' Compensation and Employer's Liability, and Professional Liability, if applicable; and (b) Be amended to show that CITYI will receive 30 days written notice in the event of cancellation, non - renewal, or material change in any described policies. C. CITESCAPE also agrees that any contract let by 'CITESCAPE for the performance of the work on the Site or Tower as provided herein shall include clauses that will: (1) Require the Contractor to defend, indemnify, and hold harmless the CITY, its elected officials, officers,, agents and employees from any liability, claims, causes of action, losses, demands, damages, judgements, costs, interest, expenses (including, without limitation, reasonable attorney's fees, witness fees, and disbursements incurred in the defense thereof) arising out of or by reason of the acts and/or omissions of said Contractor, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for. (2) Require the Contractor to provide and maintain insurance in accordance with the fdllowing: (1) Workers' Compensation and Employer's .Liability Insurance: Limits (a) Bodily Injury by Accident: $100,000 each accident (b) Bodily Injury by Disease: $500,000 policy limit/ $100,000 each employee Note: all states endorsement is required if contractor is domiciled outside the State of Minnesota. (2) Commercial General and Automobile Liability Insurance: Limits (a) Commercial General Liability: Combined Bodily Injury and Property Damage: Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products - Completed Operation 12 Aggregate Limit 1 $1,000,000 Personal and Advertising Injury Limit $1,000,000 I Coverages above shall also include: Premises - Operations Contractual Liability (including oral and written contracts) Explosion, Collapse, Underground Property Damage (XCU) I (b) Automobile Liability including Hired Car and Employers Non - Ownership Liability: Combined Bodily Injury and Property Damage: Each Occurrence Limit j $1,000,000 The above subparagraphs establish minimum insurance requirements, and it is the sole responsibility of CITESCAPE's Contractor(s) to purchase additional insurance that may be necessary for the project. 17. TAXES CITESCAPE will pay all personal and real estate property taxes assessed against CITESCAPE's antenna and related equipment at the Site. If such improvements constructed on the property should cause part of the property to be taxed for real estate purposes, it shall be the liability of CITESCAPE to pay' uch property takes. 18. NO WARRANTIES BY THE CITY The CITY makes no warranties, expressed or implied, - .whatsoever regarding the Site. In particular, the CITY does not warrant that the proposedkTower or equipment upon the Site will be suitable for CITESCAPE intended use. Further the CITY makes no warranty as to the condition or safety of the Site for CITESCAPE employees, agents or independent contractors, other than the warranties contained in Paragraph 27, Hazardous Substances, of this Agreement. Any such determination and liability resulting thereof shall be the sole responsibility of CITESCAPE. i 19. GOVERNMENT APPROVALS It shall be the sole responsibility of CITESCAPE to apply for and obtain all governmental approvals necessary for CITESCAPE intended use. The CITY agrees to cooperate with CITESCAPE in obtaining, at CITESCAPPE expense, all licenses, permits and/or governmental approvals necessary for CITESCAPE use of the Site. 20. In accordance with the CITY's policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, 13 service, or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable Federal or State laws, rules, or regulations against discrimination shall be otherwise subjected to discrimi 21. NOTICES Any notices provided for or permitted in this Agreement shall be made by certified United States mail, postage prepaid, or by delivering ofilsame in person, as follows: If to CITY to: City of Otsego Attn: City Administrator 8899 Nashua Avenue NE E "� Otsego, MN 55330 (763) 441 -4414 If to CITESCAPE to: Joel E. Carlson CITESCAPE, LLC 619 West St. Germain Street, Suite 212 Saint Cloud, MN 56301 (320) 257 -7020 22. DATA PRIVACY I CITESCAPE and CITY agree to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non - public by such laws or regulations. 23. RECORDS - AVAILABILITY As required by Minn. Stats. § 16C.05 Subd. 5, CITESCAPE agrees that the CITY, the State Auditor, the Legislative Auditor, or any of their duly authorized representatives, in the event that any dispute arises between the parties to this Agreement regarding payment by CITESCAPE to the CITY, upon reasonable notice, which shall not be less than seven (7) business days, during normal business liours, and not more than once a calendar year, shall have access to and the right to examine, and audit the books, documents, papers, and records which are pertinent only to the payment of rent to the CITY for use of the subject Site. To the extent permitted by law, all information obtained by or revealed to the CITY, the State Auditor) or any of their representatives or agents shall remain non - public data and shall not be disclosed to any third party without 14 1 the express written authorization of CITESCAPE or by, court order. This audit provision shall be effective during the term of this Agreement and for six years thereafter. 24. NON - ASSIGNMENT CITESCAPE binds itself, its partners, successors, assignees, subcontractors, and legal representatives to the CITY in respect to all covenants ,, I agreements and obligations contained in the Agreement. Neither this contract nor any rights or duties hereunder may be assigned or delegated by the CITY or by CITESCAPE without the prior written consent of the other party. Such consent shall not be unreasonably withheld. Any assignment or delegation in violation of this section shall be void. Notwithstanding the foregoing, CITESCAPE reserves the right to assign this contract or any rights or duties under this contract to any affiliated company or subsidiary of CITESCAPE or to a company which results due to the merger of CITESCAPE with another company. In the event that CITESCAPE elects to assign this contract, or any rights or duties under this contract, to any affiliated company or subsidiary of CITESCAPE, it shall give the CITY ninety (90) days' written notice preceding said assignment. Upon notification to CITY of any assignment, and receipt of CITY's prior consent where appropriate, CITESCAPE shall be relieved of all performance, liabilities and obligations under this Agreement. No subcontract, however, shall relieve CITESCAPE of its liabilities and obligations under this Agreement. Further, CITESCAPE shall be fully responsible for the acts, omissions, and failures of its subcontractors in the performance of the herein - specified contractual services, and of persons directly or indirectly employed by subcontractors. Contracts between CITESCAPE and each subcontractor shall require that the subcontractor's services and obligations are performed in accordance with the terms and conditions herein specified. Consent to assign shall be accomplished by execution of a form prepared by the CITY and signed by CITESCAPE, the assignee and the CITY. Nothing in the contract document shall create any contractual relationship between the CITY and CITESCAPE's employees, subcontractors and their agents and, employees or any other parties furnishing commodities and /or services to CITESCAPE and its agents and employees. The CITY may freely assign its rights and delegate its duties under this Agreement to a joint powers organization or to any such organization to which the CITY may become a member during the term of this Agreement. 25. LIENS CITESCAPE will not allow any mechanics' or materialmen's liens to be placed on the Site as a result of its work on the Site and CITESCAPE shall indemnify and hold harmless the CITY and the Site forever free and clear from all liens for labor and 15 material furnished by CITESCAPE or a contractor of GITESCAPE and not the CITY. Said duty to hold harmless and indemnify CITY includes, but is not limited to, costs, expert fees, disbursements and attorney's fees. I 26. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. C. CITESCAPE's or the CITY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, or a modification of this Agreement, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of th I Agreement, unless specifically so stated, consistent with terms and conditions of this Paragraph. 27. DEFAULT AND CANCELLATION A. If CITESCAPE fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Upon written notice by the CITY, CITESCAPE shall have sixty (60) days to cure said default. If such default is capable of being cured, but not capable of being cured within sixty (60) days, this Agreement may not be terminated so long as CITESCAPE provides the CITY, within thirty (30) days of the initial CITY notice of said default, a response notice detailing the appropriate curative action being diligently pursued by CITESCAPE. The CITY shall, based on the CITESCAPE written response, grant a reasonable extension of time to complete cure of said default. Said extension shall not exceed ninety (90) days from the initial CITY notice of fault. Failure to cure said default may result in immediate termination of this Agreement by the CITY. B. The CITY may, based on a reasonable determination by the CITY that Tower and/or Site capacity utilized by CITESCAPE is needed for governmental uses, and if CITESCAPE cannot relocate its equipment to an alternate location approved by the CITY pursuant to Paragraph l O of this Agreement, cancel this Agreement upon serving CITESCAPE with six �(6) months written notice of cancellation. In the event of such cancellation, CITESCAPE shall remove all property and equipment, including the antenna and all personal property and trade 16 �� fixtures installed or owned by CITESCAPE from the Tower and Site, and CITESCAPE shall further remove all debris and, restore any and all damage to the Tower and Site caused by such removal. In the ' vent of such cancellation, and upon removal of all CITESCAPE equipment from the Site, CITESCAPE shall be refunded pro rata any pre -paid Site Use Fees. T Ae CITY shall not be liable for any costs incurred by CITESCAPE to remove its equipment or to relocate to another site. B. This Agreement may be canceled with or without cause by either party upon serving the other party with six (6) months written notice of intent to cancel. Prior to the effective date of cancellation, unless] otherwise agreed to in writing by the CITY, CITESCAPE shall remove all property and equipment, including the antenna and all personal property and trade fixtures installed or owned by CITESCAPE from the Tower and Site, and CITESCAPE shall further remove all debris and restore any and all damage to the Tower and Site caused by such removal. In the event of such cancellation, and upon removal of all CITESCAPE equipment from the Site, CITESCAPE shall be refunded pro rata any pre -paid Site Use Fees from the effective date of cancellation. I' C. In the event CITESCAPE fails to so remove any, component of the antenna, related equipment, or both, or to return the Tower and the Property to their original condition, within thirty (30) days of the termination of this Agreement, then the City shall have the right to remove the antenna or related equipment at CITESCAPE's sole cost and expense. If CITES�CAPE fails to reclaim the antenna or equipment with thirty (30) days' notice form the date of removal by the City, said antenna or equipment shall without further notice be deemed abandoned. No antenna or equipment will be released by the City to CITESCAPE until CITESCAPE has reimbursed the City for all expenses related to removing the antenna and the equipment and 'returning the property and the Water Tower to their original condition. 28. HAZARDOUS SUBSTANCES i CITY represents that CITY has no knowledge of any s ` chemical, or waste on CITY'S Site that is identified as hazardous materials, asbestos, hazardous substance, waste, toxic or dangerous or defined in any applicable federal, state or local environmental or safety law or regulation, including, but not limited to, CERCLA. CITY shall hold CITESCAPE harmless from and indemnify CITESCAPE against any damage, loss, expense, response costs, or liability, including consultant fees and attorneys' fees resulting from the presence of hazardous substances on, under or around CITY'S Site or resulting from hazardous substances being generated, stored, disposed of, or transported to, on, under, or around CITY'S Site as long as the hazardous substances were not generated, stored, disposed of, or transported by CITESCAPE or its employees, agents or contractors. 17 CITESCAPE represents and warrants that its use of the: Tower and Property will not generate and CITESCAPE will not store or dispose of on the Property, nor transport to or over the Water Tower or Property, any Hazardous Materials, unless CITESCAPE specifically informs the City thereof in writing twenty -four hours prior to such storage, disposal or transport, or otherwise as soon as CITESC )*E becomes aware of the existence of Hazardous Materials on the Property. The'obligations of this section shall survive the expiration or other termination of this Agreement. CITESCAPE will be solely responsible for and shall defend, indemnify, and hold harmless the CITY, its elected officials, officers, agents and employees from any liability, claims, causes of action, judgments, damages,. losses, costs, or expenses, including, but not limited to, costs, disbursements, consultant fees and attorney fees, resulting from CITESCAPE's, its employees, agents or!lcontractors errors, acts and omissions related to the handling, storage, disposal, transportation, release or generation of hazardous substances on the Site or adjacent properties. The obligations of Paragraph 26 of this Agreement shall survive the expiration or other termination of this Agreement, consistent with applicable statute of limitations. For purposes of this Agreement "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or t fety law or regulations including, but not limited to, CERCLA. , I 29. NON - EXCLUSIVE USE Upon paying the rent as required herein, CITESCAPE shall have the right to the non- exclusive use of the Water Tower and Property as permitted in this Agreement. The City shall not be responsible for any interference whichimpairs the quality of the communication services being rendered by CITESCAPE from the antenna. 30. INTERFERENCE CAUSED BY ANTENNA CITESCAPE's equipment shall be installed and operated in a manner which does not cause interference or otherwise impair the quality of t4communication services being rendered by the following higher priority users: (1) City; (2) public safety agencies including law enforcement, fire, and ambulance services, that are not part of the City; (3) other governmental agencies where use is not related to public safety and (4) commercial users with installations or modifications preceding the installation by CITESCAPE. 31. INTERFERENCE WITH ANTENNA OPERATIONS A. Temporary Interruptions of Service. If the City determines that continued operation of the antenna would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated the federal government), the 18 City may order CITESCAPE to discontinue its operation. CITESCAPE shall immediately comply with such an order. Service"shall be discontinued only for the period that the immediate threat exists. If the City does not give prior notice to CITESCAPE, the City shall notify CITESCAPE as soon as possible after its action and give its reason for taking the action. The City shall not be liable to CITESCAPE or any other party for any interruption in CITESCAPE's service or interference with CITESCAPE's operation of its;j antenna or equipment, except as may be caused by the negligence or willful misconduct of the City, its employees or agents. In any event, the City's liability shall not extend beyond the obligation to repair the cause of the interruption or interference. If the discontinuance extends for a period greater than three (3) business days, CITESCAPE's sole remedy shall be the right to terminate this Agreement within its sole discretion. B. With Structure. CITESCAPE shall not interfere with City's use of the Tower or Property and agrees to cease all such actions which unreasonably and materially interfere with City's use thereof no later than three (3) business days after receipt of written notice of the interference from City. In the event that CITESCAPE's cessation of action is material to CITESCAPE's use of the Tower and Property and such cessation frustrates CITESCAPE's use of the Tower and Property, within CITESCAPE's sole discretion, CITESCAPE shall have the immediate right to terminate this Agreement. . C. With Higher Priorijy Users. If CITESCAPE's equipment causes impermissible interference with the parties identified in paragraph 29 above or with preexisting tenants, CITESCAPE shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving City's written notice of the interference, CITESCAPE shall immediately cease operating its Antenna and sha.,b not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after CITESCAPE received City's written notice, City may at its option terminate this Agreement immediately. D. Interference Study - New Occupants. Upon writ en notice by City that it has a bona fide request from any other party to lease an area including or in close proximity to the Tower and Property, CITESCAPE agrees to provide City, within twenty (20) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Tower and Property at the time of such request. City may then have an independent registered professional engineer of City's choosing perform the necessary interference studies to determine if the new applicant's frequencies, will cause harmful radio interference to CITESCAPE. City shall require the new applicant to pay for such interference studies. City agrees!lthat it will not grant a future lease in the Tower and Property to any party who is of equal or lower priority to r 19 CITESCAPE, if such party's use is reasonably anticipated to interfere with CITESCAPE's operation of its antenna or equipment. 32. FUTURE DEVELOPMENT CITESCAPE understands and acknowledges that the City may utilize the Property for public use at some future date, and that the design and manner of such use shall be in the sole discretion of the City. In the event that City underia kes such use, then the City and CITESCAPE agree to cooperate with one another as necessary to facilitate both parties use of the Property. 33. CONDEMNATION In the event the whole of the Property is taken by eminent domain, this Agreement shall terminate as of the date title to the Property vests in the condemning authority. In the event a portion of the Property is taken by eminent domain, either party shall have the right to terminate this Agreement as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, CITESCAPE shall not be entitled to any portion of the award paid for the taking and the City shall receive full amount of such award. CITESCAPE hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Property, shall belong to City, CITESCAPE shall have the right to claim and recover from the condemning authority, but not from City, such compensation as may be separately awarded or recoverable by CITESCAPE on Account of any and all damage to CITESCAPE's business and any costs or expenses incurred by City in moving/removing its antenna, equipment or personal property. Sale of all k r part of Tower or Property to a purchaser with power of eminent domain in the face of the exercise of the power, shall be treated as a taking by condemnation. 34. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations i concerning the validity and construction of this contract and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within Wright County, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. Any claim, controversy or dispute arising out of this Agreement may upon mutual agreement of the parties be referred to non- binding or binding arbitration in accordance with the applicable rules of the American Arbitration Association. If any provisions of this Agreement are held invalid, illegal or unenforceable, the remaining provisions will not be affected. pill CITY APPROVAL CITESCAPE, LLC, having signed this Antenna Site Use Agreement, and the City of Otsego having duly approved this contract on the day of , 20 , and pursuant to 'such approval, the proper City officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. 1 CITY OF OTSEGO Approved as to form STATE OF MINNESOTA and execution By: City Attorney Mayor Date: By: I City Clerk CITESCAPE, LLC APPROVAL By: Joel E. Carlson Its`' Vice President Date: STATE OF CITY OF CORPORATE ACKNOWLEDGMENT ss. On this Day of , 200_, before me appearei known, who did say that he is the Vice President, CITESCAPE, herein and who executed the foregoing instrument; and that said of said corporation by authority of its Board of Directors or othe Carlson acknowledged said instrument to be the free act and dee (seal) Joel E. Carlson, to me personally LC the corporation described lstrument was executed on behalf Governing Body; and said Joel E. of said corporation. Notary Public State of Minnesota My Commission Expires 21 EXHIBIT A i The real property subject to the Antenna Site Use Agreement is legally described'as follows: [INSERT LEGAL DISCRIPTION] All said property is located in the City of Otsego, County of Wright, State of Minnesota. :I THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 22 EXHIBIT B Site Diagram, Shelter, Equipment and Tower Details To Be Developed THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 23 .I EXHIBIT C Initial installation of all CITESCAPE equipment at the Site including mast, antennae, line, equipment cabinet and utility connections shall be coordinated through the City by contacting the City Administrator and a People's Service representative at least two (2) weeks in advance of initial construction. At all times that initial work is being done on the water tower site a representative of People's or the City will be present at all times that CITESCAPE, its agents or contractors are on site. The City will make its best efforts to the timing of such work so that it occurs during times when People's employees are on site for regular maintenance or other work on the water tower. However, if the work requires that a representative of People's be present at such times that they would not normally be at the water tower site, and the City is charged additional fees by People's under its contract with the City, CITESCAPE shall reimburse the City for any such additional billing within thirty (30) days of receipt of notice of such charges_ In the event that CITESCAPE requires access to the tower site after initial installation of the equipment for regular testing or maintenance of its equipment, it shall provide the City at least forty eight (48) hours notice and the City will contact People's and arrange for a representative of either People's or the City to be present during such testing or work. If the testing or maintenance requires that a representative of People's or the City be present at such times that they would not normally be thee, and the City incurs additional cost or billings due to the need for a representative of the City's presence, CITESCAPE shall reimburse the City for any such additional costs within thirty (30) days receipt of notice of such charges. In the event that CITESCAPE requires immediate access to the Site due to an emergency situation they shall contact the City, and the City will use all!lits best efforts to provide access within 24 hours of the request, pursuant to the terms and conditions set forth above. It is the intent of this procedure that there be a City designated representative present at all times that access to the water tower site is provided under this Agreement in order to insure public health and safety. ITEM 7O_� i ORDINANCE NO.: 2005 -02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR CITY SERVICES, PERMITS AND LICENSES FOR 2005. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES 1 HEREBY ORDAIN: Section 1. Chapter 2, Section 4 of the Otsego :City Code is hereby adopted establishing a fee schedule for City services, permits and licenses for 2005: SECTION 4 FEE SCHEDULE Section: 2 -4 -1 Purpose 2 -4 -2 Fee Schedule 2 -4 -1: Purpose: The purpose of this section is to establish certain fees for the delivery of services and processing of various permits and licenses as established by the Otsego City Code to equitably allocate administrative costs to those generating the demand or utilizing the service. (Ord. 2005 -02, January 24, 2005) 2 -4 -1: Fee Schedule: The City Council hereby establishes the following schedule of fees: A. Licenses: 1. Liquor � -j a. Non - intoxicating Liquor (on- sale): $75.00 b. Non - intoxicating Liquor (off- sale): $50.00 C. Club: $75.00 d. Intoxicating Liquor (on- sale): $4,000.00 e. Intoxicating Liquor (Sunday): $200.00 f. Investigation Fee (single): $500.00 g. Investigation Fee (corporation): $500.00 k h. Set -ups: NO COST i. Wine: $150.00 j Temporary Non - Intoxicating Liquor: $25.00 k. Temporary Intoxicating Liquor: $25.00 I. Premises Extension Permit (on- sale): t $15.00 2. Mechanical Amusement: $15.00 /business, plus; a. Mechanical Rides: $15.00 /ride, b. Pinball Games: $15.00 /game C. Pool table (coin operated) I $15.00 /table d. Video Game: $15.00 /game 4. Garbage Hauler: $20.00 B. Permits: 1. Building Permit: Refer to Chapter '4, Section 1 of the City Code. 2. Septic Installation /Repair: $60.00 3. Sewer and Water Hook -Up $50.00 4. Burning Permit NO COST 5. Home Occupation Permit: $15.00 6. Sign Permit: a. Up to 100sf. $50.00 b. 101 sf - 300sf. $120.00 C. Over 300sf. $200.00 d. Annual Advertising Structure Insp. $10.00 e. Temporary $10.00 f. Temporary Deposit $100.00 C. Development Applications: 1. Zoning Amendment (map or text): a. Base Fee: $500.00 b. Escrow: $600.00 C. Total: $1,100.00 2. Conditional Use Permit - Single Family a. Base Fee: $200.00 b. Escrow: $600.00 C. Total: $800.00'. 2. Conditional Use Permit — Other a. Base Fee: $200.00 b. Escrow: $800.00 C. Total $1,000.00 3. Conditional Use Permit - Appeal: a. Base Fee: $200.00 b. Escrow: $400.00 C. Total: $600.00 4. Interim Use Permit: a. Base Fee: i $500.00 b. Escrow: $400.00 C. Total: $900.00 6. Administrative Permit: a. Base Fee: $200.00 b. Escrow: $400.00 C. Total: a $600.00 7. Site Plan Review: a. Base Fee: $200.00 b. Escrow: $400.00 C. Total: $600.00 8. I Sketch Plan: a. Base Fee: $200.00 b. Escrow: $400.00 C. Total: $600.00 9. Preliminary Plat: i a. Base Fee: $500.00 b. Escrow: $2,800.00 C. Total $3,300.00 10. Final Plat: a. Base Fee: $200.00 b. Escrow: i $400.00 C. Total: $600.00 11. i Administrative Subdivision: a. Base Fee: $200.00 b. Escrow: $0.00 C. Total: I $200.00 E. Development Fees 1. Collector Road Impact: a. Clay Soils: $1,165.00 /dwelling b. Sand Soils: $980.00 /dwelling 2. Sewer Availability Charge: $6,200.00 /REC 3. Water Availability Charge: $3,100.00 /REC 4. Storm Water Impact: a. Lefebvre Creek: $1,550.00 /gross acre b. Otsego Creek: $2,250.00 /net acre 5. Park and Trail Dedication: See Section 21 -7 -18 F. General Government Services: I 1. General Labor (minimum 15 min.): $15.00 /hour 2. Copies (all sizes): $1.00 /per sheet 3. Fax: $1.00 /per page 4. Recycling Bin: $5.00 5. Legal and PIN /PID information: $25.00 /search 6. Zoning Designation / Flood Panel Nol: $25.00 /search 7. Lot Dimension: I $35.00 /search 8. Special Assessment Search: $35.00 /search 9. Septic Search: $35.00 /search G H. 10. Recycling Bin i a. New construction: b. Existing Home: 1 Documents: 1. Comprehensive Plan: 2. City Code: 3. Zoning /Subdivision Ordinance: 4. Engineering Manual: 5. City Map: 6. Zoning Map - Large Scale: 7. Zoning Map - Small Scale: 8. Floodplain Map: 9. Topography Maps /Data - Less than .Oac. 'i 10. Topography Maps /Data - 3.Oac. or More: 11 Half Section Map Sets: 12. Wright County Map: i Animals 1. Dog License (2 years): 2. Duplicate Dog License: 3. Impound Fees: a. 1 St Impoundment / calendar year: b. 2" d Impoundment/ calendar year: C. 3 rd Impoundment / calendar year; Public Safety NO COST $5.00 /bin $45.00 $135.00 $60.00 $30.00 $5.00 $10.00 $5.00 Free $30.00 $15.00 /ac. $160.00 $5.00 $10.00 $2.00 $50.00 $75.00 $100.00 1. False Alarm Charge: a. Fire: No charge for first i three (3) alarms, $150.00 for fourth alarm, $50.00 for each successive alarm per calendar year. b. Other: No charge for first four (4) alarms, $50.00 for fifth alarm, $50.00 for each successive alarm per calendar year. J. Engineering 1. Mineral Extraction: $0.05 per cubic yard mined per calendar year. (Ordi 2005 -02, January 24, 2005) i Section 2. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 24 day of January,2005. CITY OF OTSEGO BY: Larry Fournier, Mayor i ATTEST: Judy Hudson, Zoning Administrator /City Clerk Otsego Prairie Park Shelter Reservation Available Days and Times Reservations will be taken for weekends only Each day will have two time slots 8AM — 2PM and 3PM — 6PM It is acceptable for someone to reserve both time slots ITEM 11_1 System Priorit First priority will be given to city sponsored events (including the Otsego Festival). City sponsored events may schedule the park as far in advance as the City Council or Park and Recreation deems appropriate All others users will be granted reservations on a first come first serve basis. Reservations can be made up to one year in advance. Fees Rental Fee $10.00 /Time Slot Cancellation within one month of the reserved date will result in forfeiture of the rental fee. No refunds will be granted for inclement weather Making Reservations Permits may be made by filling out an application at City Hall or by phone during regular office hours. For phone reservations, payment must be received within one week, or before noon on the Thursday before the reserved date; whichever comes first. An a pplication is not complete until a signed facility user agreement has been received Frequent rental by one individual or group will be subject to the city staff approval. Rights and Responsibility A permit entitles the holder to the exclusive use of the Prairie Park shelter for the allotted time slot. It does not provide exclusive use of any of the ball fields or other park equipment. Applicants should be aware that there are many users of the park; and that they must share these facilities. In order to enforce a reservation, the permit holder must have their copy of the receipt in their possession. If there is a disagreement about the reservation, the permit holder should contact the Wright County Sheriffs Department to resolve the dispute. The park shelter has capacity for 30 — 40 people depending on table arrangement. City staff will not be responsible for arranging tables or moving tables to accommodate larger groups. The permit holder is responsible for cleanup of their garbage prior, to leaving the park. Reservations will be revoked for misuse of the facility by any member of the group. Park &Rec Reservation plan CITY OF OTSEGO FACILITY USER CONTRACT I understand that I am fully responsible for the conduct of the people involved in the planned event. I also understand that I am responsible for the safe and proper use of the reserved facility as per the purpose of the request. understand that no refunds will be issued due to inclement weather. I understand that I am responsible for any damages to Ethe facility and for the cleanliness of the facility after use. If any damages are incurred, I understand I will be responsible to pay for the replacement of articles and or property that is damaged. I further understand that in the event of nonpayment of damages the City has the right to assess my property for damages or seek other remedies as it may determine necessary. The City of Otsego reserves the right to accept or reject applications based on past performance or cooperation of the applicant based on factors such as response to deadlines, facility maintenance and following established rules. I have fully read and understand this form, all rules and regulations pertaining to Otsego facility use requirements and will abide by them. Signature, Name Address Date City State. Zip Home Phone Group /Organization Reservation Date Time Slot (circle one) Park &Rec Reservation plan Work Phone Name Morning — 8:00 — 2:00 Afternoon — 3:00 — 6:00 ITEM 77_2 MEMO Date: January -18, 2005 To: Mayor & Council From: City Administrator Mike Robertson Re: Census Population Estimate,12004 i As of April 1, 2000 The United States Census estimated that Otsego's population is 6389. On January 1, 2001, I estimated Otsego's population at 6674 due to new home construction. In 2001, we had 485 new homes constructed, and I estimated our population as of January 1, 2002 to be 8,001. In 2002 we had 455 new homes built, 225 town homes and 230 single family detached homes and I estimated our population to be 9,253. In 2003 we had 232 new home s 131 single family and 101 town homes. In 2004, we had 1 310 new homes built, 153 single family and 157 town homes. I estimate our population as of January 1, 2004 to be 10,750. For those who are interested, were made to estimate Otsego's 1) Each newly occupied single to hold 3 occupants. 2) Each newly occupied town h 2.5 occupants. I he following assumptions popul family home is assumed i )me isi assumed to hold 3) Births and deaths of existing population are assumed to cancel each other out. cc: City staff ITEM 72 J NT Y 041 vo �2 = m 0 11 0 d X855 January 13, 2005 City of Otsego 8899 Nashua Avenue NE Elk River MN 55330 pR - e g o rr yy A. Kra ght County, A r . JAN 2005 Il Wright County Government Center y 10 2nd Street NW, Room 240 Buffalo, MN 553A, -1183 Phone: (763) 682 -7367 / (763) 682 -7368 / 1- 800 -367 -3667 FAX. (763) 682 RE: 2005 Local Board of Review Dear City of Otsego: Minnesota Law requires that I, as County Assessor, set the date for your Local Board of Appeal and Equalization Meeting. The 2005 Local Board of Review and Equalization Meeting has been tentatively set for Wednesday, April 20 at 6:30 p.m. If this date must be changed, please contact Randy DesMarais at 763 - 682 -7366 or 1- 800 - 362 -3667 ext. 7366 prior to February 15, 2005. Currently, some of the cities and townships in Wright County hold their meetings with a starting time of either 9:00 a.m., 1:00 p.m. or 3:00 p.m. If your members are interested in starting the meeting earlier or later than your tentatively scheduled time, =ase contact Randy. Due to the length of some of the meetings, it maybe worthwhile to consider a g time of 6:30 p.m., 7:00 p.m. or earlier. As there must be a quorum, notifying your members with a req "nest that they mark their calendars would be appreciated. More information, including a summary of the duties and responsibilities of the Local Board of Appeal and Equalization, will be provided at a later date. If our members have any questions or concerns, please feel free to contact me. i rely, V regory A. Krarnber Wright County Assessor